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Case: United States v. Mohamud

3:10-cr-00475 | U.S. District Court for the District of Oregon

Filed Date: Nov. 29, 2010

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 19, 2013, the Department of Justice notified Mohamed Osman Mohamud, the criminal defendant in this case, that it had used evidence from a FISA warrantless wiretap in the proceedings leading to Mr. Mohamud's conviction. This was the second time the DOJ notified a criminal defendant of this information, following a new, broader interpretation of when the government was using evidence “derived from” warrantless wiretapping. These new notifications provide standing for defendants to cha…

On November 19, 2013, the Department of Justice notified Mohamed Osman Mohamud, the criminal defendant in this case, that it had used evidence from a FISA warrantless wiretap in the proceedings leading to Mr. Mohamud's conviction. This was the second time the DOJ notified a criminal defendant of this information, following a new, broader interpretation of when the government was using evidence “derived from” warrantless wiretapping. These new notifications provide standing for defendants to challenge the constitutionality of the 2008 FISA Amendments Act. All the cases are available in the Criminal cases challenging FISA surveillance special collection.

Prior to his arrest, the FBI had been had been investigating Mohamud for over a year after Mohamud's father had called the FBI to report his son's intent to travel to Yemen to study and his fear of radical recruiters overseas. The FBI began monitoring Mohamud's emails, particularly e-mails he was exchanging with an Islamic extremist who promoted international terrorism and violent jihad. The FBI had even interrogated Mohamud when he was prevented from flying to Alaska from the Portland airport because he was on the No-Fly list. The government claimed that during the FBI's sting operation the undercover agents proposed other, less lethal ways Mohamud could help his radical cause, but that Mohamud was steadfast. One of the main defenses that Mohamud argued was that he was entrapped.

The government initiated the criminal prosecution of Mohamed Osman Mohamud in the U.S. District Court for the District of Oregon on November 19, 2010. The Oregon U.S. Attorney's Office and the Department of Justice charged Mohamud with attempting to use a weapon of mass destruction, against a person or property within the U.S., in violation of 18 U.S.C. § 2332a(a)(2)(A). Mohamud, a naturalized American from Somalia, allegedly tried to detonate what he thought was a car-bomb at a Christmas tree lighting event in Portland. The bomb was a fake supplied to the 19-year-old by federal agents as part of a sting operation. On November 26, 2010, the FBI arrested Mohamud.

At the start of the proceedings, the government filed a FISA notification which gave Mohamud notice that the government intended to use information obtained and derived from electronic surveillance and a physical search conducted pursuant to the Foreign Intelligence Surveillance Act of 1978 ("FISA"), specifically Title I and Title III. On May 7, 2012, Judge Garr King denied Mohamud's motion to disclose FISA-related material necessary to litigate the motions for discovery and for suppression of the fruit of the FISA activity.

On January 31, 2013, the jury found Mohamud guilty of attempting to use a weapon of mass destruction against a person or property within the United States. Judge King rejected Mohamud's motion for a judgment of acquittal and for a new trial on April 22, 2014.

On November 19, 2013, while sentencing was pending, the government filed a supplemental FISA notification informing the court that the government had used information collected under FISA section 702, a part of Title VII, a different title from what the government indicated at the beginning of the trial. Prosecutors had only just discovered that the information might have been derived from prior Title VII FISA collection. In particular, the information might have been derived from § 1881a of Title VII, which does not require the government to demonstrate probable cause that the target of the electronic surveillance is a foreign power or agent of a foreign power. Unlike traditional FISA, § 1881a does not require the government to specify the nature and location of each of the particular facilities or places at which the electronic surveillance will occur. The government had based their interpretations on the Supreme Court's ruling in Clapper v. Amnesty International, NS-NY-0006 in this Clearinghouse. In light of that revelation, and in anticipation of the defendants' FISA-related motions, Judge King canceled Mohamud's sentencing.

Mohamud then challenged both the government's compliance with provisions of the FISA and those provisions' very legality. In order to do so, Mohamud moved for full discovery regarding the facts and circumstances underlying surveillance and to compel immediate production to the court of classified documents related to the pending post-trial discovery motion. On March 19, 2014, Judge King denied Mohamud's motions, finding that there was no need to go beyond the procedures outlined in FISA § 1806.

On June 25, 2014, Judge King issued the first district court opinion on the constitutionality of FISA section 702, upholding the constitutionality of the statute and the legality of the disclosure provided to the defendant. The court denied Mohamud's motion for vacation of conviction and alternative remedies of dismissal of the indictment, suppression of evidence, and new trial for the government's violation of the Pretrial Notice Statute. Judge King also denied the defendant's alternative motion for suppression of evidence and a new trial based on the government's introduction of evidence at trial and other uses of information derived from unlawful electronic surveillance, and the defendant's second motion for a new trial. 2014 WL 2866749.

After the court convicted Mohamud for a criminal charge--an attempted use of a weapon for mass destruction--on October 3, 2014, Mohamud appealed to the U.S. Court of Appeals for the Ninth Circuit on October 14, 2014. On September 6, 2016, the Ninth Circuit (per an opinion by Judge Owens) allowed the ACLU, the ACLU of Oregon, and the Electronic Frontier Foundation (collectively, "Amici") to file supplemental briefs relating to Mohamud’s constitutional challenge to FISA § 702 and the applicability, if any, of United States v. Verdugo-Urquidez. On October 3, 2016, Amici filed a supplemental brief in support of Mohamud and argued that the court should hold the surveillance of Mohamud as unconstitutional.

However, on December 5, 2016, the Ninth Circuit held that the Fourth Amendment was not violated. Specifically, the Ninth Circuit concluded that the government’s acquisition of the defendant’s e-mail communications did not violate his Fourth Amendment rights and warrantless search of foreign national’s e-mails pursuant to FISA was reasonable. Thus, the court held that the government’s monitoring of the overseas foreign national’s emails fell outside the Fourth Amendment. The court also applied the incidental-overhear approach and found that “the fact that government knew some U.S. persons’ communications would be swept up during foreign intelligence gathering does not make such collection any more unlawful in this context than in the Title III or traditional FISA context.” As a result, it ruled that incidental collections occurring as a result of constitutionally permissible acquisition did not render those acquisitions unlawful. Aside from these decisions, the court also held that there was sufficient evidence of Mohamud’s predisposition to engage in criminal activity and agreed with the jury’s rejection of Mohamud’s entrapment defense, and held that government’s post-trial notification of its use of evidence obtained from electronic surveillance pursuant to FISA did not mandate suppression of evidence.

Following the Ninth Circuit’s decision that held that government surveillance, investigation, and prosecution of Mohamud were constitutional, Mohamud filed to petition for panel rehearing or rehearing en banc, followed by the Amici's brief on February 27, 2017, which supported Mohamud’s petition for rehearing or rehearing en banc. On March 16, 2017, however, the Ninth Circuit’s panel denied Mohamud’s petition for panel rehearing and rehearing en banc.

In December 2010, shortly after the Mohamud was arrested, Attorney General Eric Holder made statements on the merits of the case to the media. As a result, Mohamud asked the court to direct the government to cease and desist from making inappropriate pretrial comments. Mohamud was concerned that these comments had compromised his ability to obtain a fair trial by unbiased jurors.

On February 23, 2011, Judge King denied Mohamud's motion because there was already an applicable standard that the DOJ had to adhere set forth in the Release of Information by Personnel of the Department of Justice Relating to Criminal Civil Proceedings. Judge King made it clear that the Attorney General should not have made his comments since according to the Statement of Policy, it is inappropriate for DOJ personnel to give personal opinions regarding the supposed facts of the case or to make available a defendant's statements that could be construed as an indication of guilt. 2011 WL 654964.

Previously in 2011 and 2012, the government had moved for rulings that certain classified materials potentially discoverable by Mohamud either failed to meet the standard for disclosure because they were not relevant to the defense or were otherwise subject to deletion or substitution under the Classified Information Procedures Act. Judge King ruled on the motions ex parte by filing classified orders but did not file any public orders. Mohamud then asked the court to also enter public orders that were as specific as possible in the event that appellate review was required. The government did not oppose the public filing orders but did oppose Mohamud's request for specificity in the orders preferring more general terms.

On October 2, 2012, Judge King granted Mohamud's motion but with less specificity than Mohamud requested. Judge King explained that the orders were specific enough to allow Mohamud to appeal them, if necessary. 2012 WL 4594746.

Next, Mohamud moved to suppress the evidence seized during an investigation by the Oregon State Police (OSP) after a student accused him of date rape. The FBI was also involved in the investigation. The evidence included statements he made and information from his computer and cell phone. Mohamud claimed that his consent for the search was not freely and voluntarily given, and the searches and seizures went beyond the scope of his consent. Mohamud also moved to suppress all evidence collected by the government in its parallel national security investigation because he claimed all evidence obtained after the OSP investigation is the fruit of evidence obtained illegally in the OSP investigation.

On October 22, 2012, Judge King denied Mohamud's motion to suppress because the information that FBI learned from the OSP investigation did not taint the evidence gathered later and the that evidence gathered later had an independent source. Thus, Judge King concluded that there was no need to address the alleged constitutional violation. Judge King also found that Mohamud made the statements at the Portland airport voluntarily. 2012 WL 5208173.

On January 4, 2013, after both parties objected to certain expert witnesses that the other party planned to use, Judge King ruled that he would allow all of the expert witnesses to testify at trial, but he would limit their testimony in ways explained in the opinion. 2013 WL 71806.

After Mohamud's Jan. 31, 2013 conviction, Judge King denied Mohamud's motions for acquittal or new trial. Judge King held that (1) sufficient evidence negated Mohamud's entrapment defense; (2) the District Court's response to the jury note seeking clarification on the entrapment instruction did not unfairly favor the prosecution's evidence; (3) the prosecutor did not impermissibly shift the burden of proof during closing argument; (4) the District Court's admission of the Interpol notice into evidence identifying a fugitive wanted for prosecution with whom Mohamud was in contact with did not result in miscarriage of justice; (5) the recordings of meetings between Mohamud and undercover government agents were not testimonial evidence; (6) the District Court's deletion of undercover government employees' true names from discovery did not deprive Mohamud of fair opportunity to cross-examine employees; and (7) the denial of the true identity of the government operative who exchanged e-mails with Mohamud did not violate Mohamud's right to confrontation. 941 F. Supp. 2d 1303.

On October 3, 2014, the court found Mohamud guilty on a criminal charge of attempt to use a weapon of deadly destruction. Mohamud appealed his conviction and sentence to the United States Court of Appeals for the Ninth Circuit. On March 24, 2017, the Ninth Circuit rejected the plaintiff’s arguments and affirmed the lower court’s decision, upholding Mohamad's conviction. On July 14, 2017, Mohamud petitioned the Supreme Court for a writ of certiorari; the petition was denied in mid 2018.

The case was reassigned to Magistrate Judge Marco Hernandez on June 8, 2018. Mohamud filed a motion for a writ of habeas corpus on November 8, 2018. The writ of habeas corpus was vacated in a court order dated January 28, 2020 and a copy of the order was sent to the U.S. Marshalls.

On June 1, 2020, Mohamud moved to vacate or correct his sentence under 28 U.S.C. §2255. The parties have since engaged in a series of back-and-forth motions for extension of time to answer; thus, Mohamud's motion to vacate or correct the sentence has yet to be ruled on. The case remains open.

Summary Authors

Jessica Kincaid (7/7/2014)

MJ Koo (3/30/2017)

Jake Parker (6/29/2018)

John Duffield (7/5/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4365512/parties/united-states-v-mohamud/


Judge(s)

Bea, Carlos T. (California)

Hernandez, Marco Antonio (Oregon)

King, Garr M. (Oregon)

Owens, John Byron (California)

Pregerson, Harry (California)

Attorneys(s) for Plaintiff

Bounds, Ryan W. (Oregon)

Holsinger, Pamala R. (Oregon)

Knight, Ethan D. (Oregon)

Sweet, Jeffrey S. (Oregon)

Zimmerman, Jolie F. (District of Columbia)

Judge(s)

Bea, Carlos T. (California)

Hernandez, Marco Antonio (Oregon)

King, Garr M. (Oregon)

Owens, John Byron (California)

Pregerson, Harry (California)

Attorneys(s) for Plaintiff

Bounds, Ryan W. (Oregon)

Holsinger, Pamala R. (Oregon)

Knight, Ethan D. (Oregon)

Sweet, Jeffrey S. (Oregon)

Zimmerman, Jolie F. (District of Columbia)

Zusman, Kelly Alexandre (Oregon)

Attorneys(s) for Defendant

Hay, Lisa (Oregon)

Olson, Per C. (Oregon)

Sady, Stephen R. (Oregon)

Wax, Steven T. (Oregon)

Other Attorney(s)

Abdo, Alex (New York)

Crocker, Andrew (California)

Dos Santos, Mathew William (California)

Gorski, Ashley (New York)

Rumold, Mark Thomas (California)

Toomey, Patrick Christopher (New York)

Documents in the Clearinghouse

Document

3:10-cr-00475

Docket [PACER]

U.S. v. Mohamud

July 9, 2021

July 9, 2021

Docket
1

3:10-cr-00475

Criminal Complaint

U.S. v. Mohamud

Nov. 29, 2010

Nov. 29, 2010

Complaint
24

3:10-cr-00475

Order and Opinion [Denying Defendant’s Motion for Order Directing the Government to Cease and Desist from Inappropriate Pretrial Comment (#14)]

U.S. v. Mohamud

Feb. 23, 2011

Feb. 23, 2011

Order/Opinion
46

3:10-cr-00475

Opinion and Order

USA v. Mohamud

May 19, 2011

May 19, 2011

Order/Opinion
57

3:10-cr-00475

Memorandum in Support of Motion to Suppress the Non-FISA Interrogations, Searches, and Seizures INTERROGATIONS, SEARCHES, AND SEIZURES

U.S. v. Mohamed Osman Mohamud

June 22, 2011

June 22, 2011

Pleading / Motion / Brief
126

3:10-cr-00475

Opinion and Order [Denying Defendant's Motion to Disclose FISA-related Material Necessary to Litigate Motions for Discovery]

U.S. v. Mohamud

May 7, 2012

May 7, 2012

Order/Opinion
167

3:10-cr-00475

Opinion and Order

USA v. Mohamud

July 23, 2012

July 23, 2012

Order/Opinion
195

3:10-cr-00475

Opinion and Order

USA v. Mohamud

Sept. 26, 2012

Sept. 26, 2012

Order/Opinion
203

3:10-cr-00475

Opinion and Order [Granting in Part Defendant's Motion for CIPA Rulings and Disclosures (143)]

U.S. v. Mohamud

Oct. 2, 2012

Oct. 2, 2012

Order/Opinion
224

3:10-cr-00475

Order and Opinion [Denying Defendant's Motions to Suppress the Products of Non-FISA Interrogations, Searches, and Seizures]

U.S. v. Mohamud

Oct. 22, 2012

Oct. 22, 2012

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4365512/united-states-v-mohamud/

Last updated Sept. 5, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

Complaint signed by US Magistrate Judge John V. Acosta as to Defendant Mohamed Osman Mohamud (1); 18 USC 2332a(a)(2)(A) = Attempted Use of a Weapon of Mass Destruction. (kw) [3:10-mj-00497] (Entered: 11/29/2010)

Nov. 29, 2010

Nov. 29, 2010

PACER
2

Indictment as to Mohamed Osman Mohamud (1) count(s) 1, Attempt to Use a Weapon of Mass Destruction (schm) (Additional attachment(s) added on 3/30/2020: # 1 Attachment defendant information, # 2 Attachment indictment UNREDACTED) (Ferguson, Chloe). (Entered: 11/29/2010)

Nov. 29, 2010

Nov. 29, 2010

RECAP
3

Notice of Case Assignment to Judge Garr M. King. (schm) (Entered: 11/29/2010)

Nov. 29, 2010

Nov. 29, 2010

PACER
4

Government's FISA Notification as to Mohamed Osman Mohamud, filed by USA (schm) (Entered: 11/29/2010)

Nov. 29, 2010

Nov. 29, 2010

PACER
5

Minutes of Proceedings: First Appearance, Arraignment, and Detention Hearing held before Magistrate Judge John V. Acosta as to Defendant Mohamed Osman Mohamud on 11/29/2010. Arraignment held for Defendant Mohamed Osman Mohamud(1) as to Count 1. Defendant waived reading of the Indictment. Defendant to proceeds as named. Defendant advised of rights. Not guilty plea entered. Order that Discovery is due in 14 days. Order appointing counsel Steve Wax and Steve Sady of the Federal Public Defender's Office to represent Mohamed Osman Mohamud. Detention Hearing held for Mohamed Osman Mohamud(1). Defendant's Location-Custody status is: Detained as to flight and danger. SETTING a 15-day Jury Trial for 2/1/2011 at 09:00AM in Portland before Judge Garr M. King. ORDER - DENYING defense counsel's request for a probable cause hearing. ORDER: An interim order directing plaintiff to preserve and hold in place all electronic media, devices and locations related to this matter is hereby entered. Defense counsel to submit a more formal order for the court's consideration. Counsel Present for Plaintiff: Ethan Knight, Jeff Sweet.Counsel Present for Defendant: Steve Sady, Steve Wax. (Court Reporter Dennis Apodaca) (peg) (Entered: 11/29/2010)

Nov. 29, 2010

Nov. 29, 2010

PACER
6

Order of Detention as to Mohamed Osman Mohamud by Magistrate Judge John V. Acosta signed on 11/29/10. (schm) (Entered: 11/30/2010)

Nov. 29, 2010

Nov. 29, 2010

PACER
7

Proposed Form of Order Submitted for Defendant Mohamed Osman Mohamud (Sady, Stephen) (Entered: 11/30/2010)

Nov. 30, 2010

Nov. 30, 2010

PACER
8

Arrest Warrant Returned Executed on 11/29/10 as to Defendant Mohamed Osman Mohamud; Defendant was arrested on 11/26/10. (kw) (Entered: 11/30/2010)

Nov. 30, 2010

Nov. 30, 2010

PACER
10

Trial Management Order as to Mohamed Osman Mohamud by Judge Garr M. King signed on 11/30/2010. (mja) (Entered: 12/01/2010)

Nov. 30, 2010

Nov. 30, 2010

PACER
9

ORDER FOR THE PRESERVATION OF EVIDENCE - Dated this 30th day of November, 2010, by U.S. Magistrate Judge John V. Acosta. (peg) (Entered: 12/01/2010)

Dec. 1, 2010

Dec. 1, 2010

PACER
11

Scheduling Order as to Mohamed Osman Mohamud. Order - Setting a Status Conference for 1/5/2011 at 09:30AM in Portland Courtroom 9A, before Judge Garr M. King. Ordered by Judge Garr M. King (mja) (Entered: 12/08/2010)

Dec. 8, 2010

Dec. 8, 2010

PACER
12

Motion for Protective Order filed by USA as to Defendant Mohamed Osman Mohamud. (Attachments: # 1 Proposed Order) (Knight, Ethan) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

PACER
13

Protective Order as to Mohamed Osman Mohamud. Ordered by Judge Garr M. King (mja) (Entered: 12/16/2010)

Dec. 15, 2010

Dec. 15, 2010

PACER
14

Motion For Order Directing the Government to Cease and Desist From Inappropriate Pretrial Comment by Defendant Mohamed Osman Mohamud. (Attachments: # 1 Exhibit A through F) (Sady, Stephen) (Entered: 12/20/2010)

1 Exhibit A through F

View on PACER

Dec. 20, 2010

Dec. 20, 2010

PACER
15

Waiver of Appearance by Mohamed Osman Mohamud (Sady, Stephen) (Entered: 12/30/2010)

Dec. 30, 2010

Dec. 30, 2010

PACER
16

Minutes of Status Conference before Judge Garr M. King as to Mohamed Osman Mohamud. The defendant waived his appearance. The parties' joint oral motion to designate this case as complex is granted. Government to provide formal order. The government's response to the defendant's Motion for Order Directing the Government to Cease and Desist From Inappropriate Pretrial Comment 14 is due by 1/10/2011. Defendant's reply is due by 1/14/2011. Discovery motions are due by 3/7/2011. Government's response is due by 4/7/2011. Defendant's reply is due by 4/18/2011. Setting a hearing on the motion for 5/10/2011 at 9:00AM in Portland, Courtroom 9A, before Judge Garr M. King. Setting a Scheduling Conference for 5/23/2011 at 09:30AM in Portland Courtroom 9A, before Judge Garr M. King.Counsel Present for Plaintiff: Ethan Knight.Counsel Present for Defendant: Stephen Sady and Steven Wax.(Court Reporter Nancy Walker) (mja) (Entered: 01/05/2011)

Jan. 5, 2011

Jan. 5, 2011

PACER
17

Scheduling Order as to Mohamed Osman Mohamud. Order - The 15-day trial date set for 2/1/2011 is STRICKEN. A new trial date will be set at a later date. Ordered by Judge Garr M. King (mja) (Entered: 01/05/2011)

Jan. 5, 2011

Jan. 5, 2011

PACER
18

NOTE: THIS ORDER WAS AMENDED, SEE DOCUMENT # 19. Order for Excludable Delay as to Mohamed Osman Mohamud. IT IS ORDERED excludable delay is found to exist from February 7, 2011, to and including May 31, 2012, by Judge Garr M. King signed on 1/5/11. (schm) Modified on 1/6/2011 (schm). (Entered: 01/05/2011)

Jan. 5, 2011

Jan. 5, 2011

PACER
19

AMENDED Order for Excludable Delay as to Mohamed Osman Mohamud. IT IS ORDERED excludable delay is found to exist from February 7, 2011, to and including May 31, 2011,signed on 1/5/11, by Judge Garr M. King. See Order (schm) (Entered: 01/06/2011)

Jan. 5, 2011

Jan. 5, 2011

PACER
20

Response to Motion by USA as to Mohamed Osman Mohamud regarding Motion for Order 14 filed by Defendant Mohamed Osman Mohamud Directing the Government to Cease and Desist from Inappropriate Pretrial Comment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Knight, Ethan) (Entered: 01/10/2011)

Jan. 10, 2011

Jan. 10, 2011

PACER
21

Reply to Response to Motion by Mohamed Osman Mohamud regarding Motion For Order Directing the Government to Cease and Desist From Inappropriate Pretrial Comment 14 (Attachments: # 1 Exhibit) (Sady, Stephen) (Entered: 01/14/2011)

Jan. 14, 2011

Jan. 14, 2011

PACER
22

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Arraignment as to Defendant Mohamed Osman Mohamud for date of November 29, 2010 before Judge John V. Acosta, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/27/2011. Redaction Request due 2/10/2011. Redacted Transcript Deadline set for 2/22/2011. Release of Transcript Restriction set for 4/21/2011. (Apodaca, Dennis) (Entered: 01/16/2011)

Jan. 16, 2011

Jan. 16, 2011

PACER
23

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status conference as to Defendant Mohamed Osman Mohamud for date of January 5, 2011 before Judge Garr M. King, Court Reporter Nancy M. Walker, telephone number 503-326-8186. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterward it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/31/2011. Redaction Request due 2/14/2011. Redacted Transcript Deadline set for 2/25/2011. Release of Transcript Restriction set for 4/22/2011. (Walker, Nancy) (Entered: 01/19/2011)

Jan. 19, 2011

Jan. 19, 2011

PACER
24

Opinion and Order - Defendants Motion for Order Directing the Government to Cease and Desist from Inappropriate Pretrial Comment 14 is denied as explained in the above discussion concerning the Department of Justices Statements of Policy set forth in the Release of Information by Personnel of the Department of Justice Relating to Criminal and Civil Proceedings, 28 C.F.R.§ 50.2. Ordered by Judge Garr M. King (mja) (Entered: 02/23/2011)

Feb. 23, 2011

Feb. 23, 2011

RECAP
25

Request for Discovery by Mohamed Osman Mohamud (Sady, Stephen) (Entered: 03/07/2011)

March 7, 2011

March 7, 2011

PACER
26

First Motion to Compel Discovery by Defendant Mohamed Osman Mohamud. (Sady, Stephen) (Entered: 03/07/2011)

March 7, 2011

March 7, 2011

PACER
27

Memorandum in Support of Motion by Mohamed Osman Mohamud regarding First Motion to Compel Discovery 26 filed by Defendant Mohamed Osman Mohamud (Sady, Stephen) (Entered: 03/07/2011)

March 7, 2011

March 7, 2011

PACER
28

Response to Motion by USA as to Mohamed Osman Mohamud regarding Motion to Compel 26 filed by Defendant Mohamed Osman Mohamud and Response to Defendant's Request for Discovery 25 (Knight, Ethan) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
29

Scheduling Order as to Mohamed Osman Mohamud. Order - Due to a conflict in the Court's schedule, the Court is resetting the Motion Hearing set for 5/9/2011 to 6/1/2011 at 09:00AM in Portland Courtroom 9A, before Judge Garr M. King. The 5/23/2011 Status Conference is STRICKEN. The court will discuss the case schedule at the 6/1/2011 Motion Hearing. Ordered by Judge Garr M. King (mja) (Entered: 04/08/2011)

April 8, 2011

April 8, 2011

PACER
30

Motion for Partial Sequestration of Witnesses and Preservation of Evidence by Defendant Mohamed Osman Mohamud. (Sady, Stephen) (Entered: 04/11/2011)

April 11, 2011

April 11, 2011

PACER
31

Order - The government's response to Defendant's Motion for Partial Sequestration of Witnesses and Preservation of Evidence 30 is due by 4/15/2011. Ordered by Judge Garr M. King (mja) (Entered: 04/12/2011)

April 12, 2011

April 12, 2011

PACER
32

Scheduling Order as to Mohamed Osman Mohamud. Order GRANTING Government's oral request to reset response deadline. Response to defendant's Motion for Partial Sequestration of Witnesses and Preservation of Evidence 30 is due by 4/29/2011. Pending the court's ruling on the motion, the court orders the government witnesses to the July 30, 2010 meeting with defendant to refrain from discussing the meeting with each other, directly or indirectly, to refrain from reviewing any documents generated by another person concerning that meeting, and to preserve all notes and documentation of the meeting. Ordered by Judge Garr M. King. (pc) (Entered: 04/13/2011)

April 13, 2011

April 13, 2011

PACER
33

Unopposed Motion for Extension of Time by Defendant Mohamed Osman Mohamud. (Sady, Stephen) (Entered: 04/13/2011)

April 13, 2011

April 13, 2011

PACER
34

ORDER - Granting 33 Motion for Extension of Time as to Mohamed Osman Mohamud (1). Defendant's reply for Defendant's First Motion to Compel Discovery 26 is extended to April 27, 2011. Ordered by Judge Garr M. King. (pc) (Entered: 04/14/2011)

April 14, 2011

April 14, 2011

PACER
35

Notice by USA as to Mohamed Osman Mohamud Notification to Defendant of First In Camera, Ex Parte, Under Seal Filing by the United States Pursuant to the Classified Information Procedures Act (Knight, Ethan) (Entered: 04/18/2011)

April 18, 2011

April 18, 2011

PACER
36

Unopposed Motion for Extension of Time (Related Doc. 30 Motion for Order ) filed by USA as to Defendant Mohamed Osman Mohamud. (Knight, Ethan) (Entered: 04/26/2011)

April 26, 2011

April 26, 2011

PACER
37

ORDER - Granting Defendant's Motion for Extension of Time 36 as to Mohamed Osman Mohamud (1). The Government's response to Motion for Partial Sequestration of Witnesses and Preservation of Evidence 30 is due by by 5/6/2011. Ordered by Judge Garr M. King (mja) (Entered: 04/27/2011)

April 27, 2011

April 27, 2011

PACER
38

Unopposed Motion for Extension of Time to File Reply by Defendant Mohamed Osman Mohamud. (Sady, Stephen) (Entered: 04/27/2011)

April 27, 2011

April 27, 2011

PACER
39

ORDER - Granting Defendant's Motion for Extension of Time to File Reply 38 as to Mohamed Osman Mohamud (1). Reply to the government's response to the defendant's discovery motion 26 is due by 5/6/2011.Ordered by Judge Garr M. King (mja) (Entered: 04/29/2011)

April 29, 2011

April 29, 2011

PACER
40

Response to Motion by USA as to Mohamed Osman Mohamud regarding Motion for Order 30 filed by Defendant Mohamed Osman Mohamud (Knight, Ethan) (Entered: 05/05/2011)

May 5, 2011

May 5, 2011

PACER
41

Motion for Order to File Under Seal by Defendant Mohamed Osman Mohamud. (Attachments: # 1 Proposed Order) (Sady, Stephen) (Entered: 05/06/2011)

May 6, 2011

May 6, 2011

PACER
42

Reply to Response to Motion by Mohamed Osman Mohamud regarding First Motion to Compel Discovery 26 (Sady, Stephen) (Entered: 05/06/2011)

May 6, 2011

May 6, 2011

PACER
43

ORDER Granting 41 UNOPPOSED MOTION TO FILESTATEMENT ON THEORY OFDEFENSE IN SUPPORT OFDISCOVERY MOTIONS AND ACCESSTO CLASSIFIED MATERIAL UNDER SEAL AND EXPARTE as to Mohamed Osman Mohamud (1)Signed on 5/9/11. by Judge Garr M. King (schm) (Entered: 05/10/2011)

May 9, 2011

May 9, 2011

PACER
45

Reply to Response to Motion by Mohamed Osman Mohamud regarding Motion for Partial Sequestration of Witnesses and Preservation of Evidence 30 (Sady, Stephen) (Entered: 05/16/2011)

May 16, 2011

May 16, 2011

PACER
46

OPINION AND ORDER - Defendant's Motion for Partial Sequestration of Witnesses and Preservation of Evidence 30 is denied. Signed on 5/18/2011. Ordered by Judge Garr M. King. (pc) (Entered: 05/19/2011)

May 19, 2011

May 19, 2011

RECAP
47

Notice by USA as to Mohamed Osman Mohamud Notification to Defendant of Supplemental In Camera, Ex Parte, Under Seal Filing by the United States Pursuant to the Classified Information Procedures Act (Knight, Ethan) (Entered: 05/20/2011)

May 20, 2011

May 20, 2011

PACER
48

Notice of Attorney Appearance by Jolie F, Zimmerman, appearing for USA. (mkk) (Entered: 05/24/2011)

May 24, 2011

May 24, 2011

PACER
49

Minutes of Proceedings: In Camera, ex parte under seal hearing held on May 24, 2011 before United States District Judge Garr M. King with the United States pursuant to Section 4 of the Classified Information Procedures Act, 18 U.S.C. App. III ("CIPA"). Formal order will be filed under seal. (Court Reporter Nancy Walker) (mja) (Entered: 05/24/2011)

May 24, 2011

May 24, 2011

PACER
50

Order - Defense counsel's letter request of May 26, 2011 is DENIED. Ordered by Judge Garr M. King (mja) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

PACER
51

Notice by USA as to Mohamed Osman Mohamud regarding Response to Motion 28 filed by Plaintiff USA (Knight, Ethan) (Entered: 05/31/2011)

May 31, 2011

May 31, 2011

PACER
52

Minutes of Motion Hearing before Judge Garr M. King as to Mohamed Osman Mohamud held on 6/1/2011. Order - Defendant's First Motion to Compel Discovery 26 is GRANTED in PART, DENIED in PART and DEFERRED in PART. Order - Setting a case schedule as follows: Motions to Suppress and FISA Motions are due by 6/21/2011; Government's Responses to Non-FISA Motions are due by 7/12/2011; Defendant's Replies to Non-FISA Responses are due by 7/19/2011; Setting a Hearing on Non-Fisa Motions to Suppress for 8/3/2011 at 09:00AM in Portland Courtroom 9A, before Judge Garr M. King; Government's Responses to FISA Motions are due by 9/7/2011. Dispositive Motions are due by 9/21/2011; Defendant's Replies to FISA Responses are due by 10/4/2011; Government's Responses to Dispositive Motions are due by 10/12/2011; Setting a Hearing on FISA Motions for 10/17/2011 at 9:00AM in Portland, Courtroom 9A, before Judge M. King; Defendant's Replies to Dispositive Responses are due by 10/25/2011; Setting a Hearing on Dispositve Motion for 11/15/2011 at 9:00AM in Portland, Courtroom 9A, before Judge Garr M. King; Pretrial Documents, Motions in Limine, and CIPA Motions are due by 1/17/2012; Responses to Pretrial Documents, Motions in Limine, and CIPA Motions are due 2/1/2012; Replies due by 2/14/2012; Setting a Pretrial Conference for March 27, 2012 at 9:00AM in Courtroom 9A, before Judge Garr M. King, and a 15-day Jury Trial is set for 4/10/2012 at 09:00AM in Portland Courtroom 9A, before Judge Garr M. King.Counsel Present for Plaintiff: Ethan Knight, Jeffrey Sweet and Jolie Zimmerman.Counsel Present for Defendant: Stephen Sady, Steven Wax and Mark Ahlemeyer.(Court Reporter Nancy Walker) (mja) (Entered: 06/01/2011)

June 1, 2011

June 1, 2011

PACER
53

Scheduling Order as to Mohamed Osman Mohamud. Order - At the Government's request, the Court is resetting the Pretrial Conference set for 3/27/2012 is STRICKEN and RESET to 4/2/2012 at 09:00AM in Portland Courtroom 9A, before Judge Garr M. King. Ordered by Judge Garr M. King (mja) (Entered: 06/01/2011)

June 1, 2011

June 1, 2011

PACER
54

Motion for Disclosure of FISA-Related Material Necessary To Litigate Motions For Discovery And For Suppression Of The Fruits Of FISA Activity by Defendant Mohamed Osman Mohamud. (Wax, Steven) (Entered: 06/22/2011)

June 22, 2011

June 22, 2011

PACER
55

Memorandum in Support of Motion by Mohamed Osman Mohamud regarding Motion for Disclosure of FISA-Related Material Necessary To Litigate Motions For Discovery And For Suppression Of The Fruits Of FISA Activity 54 filed by Defendant Mohamed Osman Mohamud (Wax, Steven) (Entered: 06/22/2011)

June 22, 2011

June 22, 2011

PACER
56

Motion to Suppress the Products of Non-FISA Interrogations, Searches, and Seizures by Defendant Mohamed Osman Mohamud. (Sady, Stephen) (Entered: 06/22/2011)

June 22, 2011

June 22, 2011

PACER
57

Memorandum in Support of Motion by Mohamed Osman Mohamud regarding Motion to Suppress the Products of Non-FISA Interrogations, Searches, and Seizures 56 filed by Defendant Mohamed Osman Mohamud (Attachments: # 1 Exhibit A) (Sady, Stephen) (Entered: 06/22/2011)

1 Exhibit A

View on PACER

June 22, 2011

June 22, 2011

PACER
58

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion hearing as to Defendant Mohamed Osman Mohamud for date of June 1, 2011 before Judge Garr M. King, Court Reporter Nancy M. Walker, telephone number 503-326-8186. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterward it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/8/2011. Redaction Request due 7/21/2011. Redacted Transcript Deadline set for 8/1/2011. Release of Transcript Restriction set for 9/29/2011. (Walker, Nancy) (Entered: 06/27/2011)

June 27, 2011

June 27, 2011

PACER
59

Unopposed Motion to Amend/Correct Schedule by Defendant Mohamed Osman Mohamud. (Sady, Stephen) (Entered: 07/11/2011)

July 11, 2011

July 11, 2011

PACER
60

Order - Granting Unopposed Motion to Amend/Correct Schedule 59 as to Mohamed Osman Mohamud (1). Government's Responses to Non-FISA Motions are due by September 17, 2011; Defendant's Replies to Non-FISA Motions are due by September 30, 2011; Governments Responses to FISA Motions are due by September 28, 2011; and Defendant's Replies to FISA Motions are due by October 10, 2011. The Hearing on Non-Fisa Motions to Suppress set for 8/3/2011 is STRICKEN. The Hearing of FISA Motions and the Hearing on Non-FISA Motions to Suppress are consolidated and will be heard on October 17, 2011 at 09:00AM. Ordered by Judge Garr M. King. (pc) (Entered: 07/11/2011)

July 11, 2011

July 11, 2011

PACER
61

Motion to Continue / Reset Trial and Amend Schedule filed by USA as to Defendant Mohamed Osman Mohamud. (Attachments: # 1 Proposed Order) (Knight, Ethan) (Entered: 09/15/2011)

Sept. 15, 2011

Sept. 15, 2011

PACER
62

ORDER Granting 61 Motion to Continue / Reset Trial Date and Amending Schedule as to Mohamed Osman Mohamud (1). Dispositive Motions are due by 11/21/2011. Oral Argument on non-FISA and FISA motions is set for 12/19/2011 at 09:00AM in Judge King's Courtroom before Judge Garr M. King. Oral argument on dispositive motions is set for 1/30/2012 at 10:00AM in Judge King's Courtroom before Judge Garr M. King. Pretrial Conference is set for 5/2/2012 at 09:00AM in Judge King's Courtroom before Judge Garr M. King. 15-day Jury Trial is reset for 5/15/2012 at 09:00AM in Judge King's Courtroom before Judge Garr M. King. Excludable delay from 4/10/12, to and including 5/15/12. SEE FORMAL ORDER Signed on 9/19/11 by Judge Garr M. King (schm) Modified on 9/22/2011 to add excludable delay language(schm). Modified on 9/22/2011 (schm) adding additional text. Regenerated NEF. (Entered: 09/22/2011)

Sept. 20, 2011

Sept. 20, 2011

PACER
63

Unopposed Motion to Amend/Correct Schedule by Defendant Mohamed Osman Mohamud. (Attachments: # 1 Proposed Order) (Sady, Stephen) (Entered: 11/16/2011)

Nov. 16, 2011

Nov. 16, 2011

PACER
64

ORDER Granting 63 Motion to Amend/Correct Schedule as to Mohamed Osman Mohamud (1).See order for amended scheduleSigned on 11/21/11 by Judge Garr M. King (schm) (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

PACER
65

Notice by USA as to Mohamed Osman Mohamud Notification to Defendant of Second In Camera, Ex Parte, Under Seal Filing by the United States Pursuant to the Classified Information Procedures Act (Knight, Ethan) (Entered: 01/11/2012)

Jan. 11, 2012

Jan. 11, 2012

PACER
66

Unopposed Motion to Amend/Correct Schedule filed by USA as to Defendant Mohamed Osman Mohamud. (Attachments: # 1 Proposed Order) (Knight, Ethan) (Entered: 01/11/2012)

1 Proposed Order

View on PACER

Jan. 11, 2012

Jan. 11, 2012

PACER
67

ORDER Granting 66 Motion to Amend Schedule as to Mohamed Osman Mohamud (1)Signed on 1/12/12, by Judge Michael W. Mosman for Judge Garr M. King. Based on the Unopposed Motion to Amend Schedule filed by the government,IT IS HEREBY ORDERED that the briefing schedule is amended as follows:Government's Responses to Non-FISA Motions extended to January 31, 2012;Dispositive Motions extended to February 7, 2012;Government's Responses to FISA Motions extended to February 14,2012;Defendant's Replies to FISA Responses extended to March 1,2012;Government's Responses to Dispositive Motions extended to March 1,2012;Defendant's Replies to Dispositive Responses extended to March 7, 2012.All other dates in the schedule of November 2 I, 2011, remain the same. (schm) (Entered: 01/12/2012)

Jan. 12, 2012

Jan. 12, 2012

PACER
68

Joint Motion to Amend/Correct Schedule and for Finding of Excludable Delay by Defendant Mohamed Osman Mohamud. (Attachments: # 1 Proposed Order) (Sady, Stephen) (Entered: 02/01/2012)

Feb. 1, 2012

Feb. 1, 2012

PACER
69

ORDER - Granting Joint Motion to Amend/Correct Schedule and for Finding of Excludable Delay 68 as to Mohamed Osman Mohamud (1). IT IS HEREBY ORDERED that the pretrial and trial schedule is amended (SEE FORMAL ORDER). ORDER - The Hearing of the Non-FISA Motion to Suppress is continued to 4/10/2012 at 09:30AM, The Hearing of the FISA Motions is continued to 4/17/2012 at 09:30AM, The Hearing on the Second Motion to Compel is set for 5/1/2012 at 09:30AM, The Parties' Preliminary Submission On Evidentiary Matters is set for 6/26/2012 at 09:30AM. The 5/8/2012 Pretrial Conference is STRICKEN, and re-set to 9/18/2012 at 09:30AM, and the 15-day jury trial now set for 5/15/2012 is STRICKEN, and re-set to 10/2/2012 at 09:00AM in Portland Courtroom 9A before Judge Garr M. King. Based upon the representations made in this case in the Joint Motion to Amend the Schedule and Finding Excludable Delay 68, as well as the findings in this Court's order of January 5, 2011, and upon the request by the defendant through counsel and the United States, the Court finds excludable delay exists from 2/2/2012 to and including 10/2/2012.Signed on 2/2/2012. by Judge Garr M. King (pc) (Entered: 02/02/2012)

Feb. 2, 2012

Feb. 2, 2012

PACER
70

Scheduling Order as to Mohamed Osman Mohamud (1). The Hearing of the Non-FISA Motion to Suppress is continued to 4/10/2012 at 09:30AM, The Hearing of the FISA Motions is continued to 4/17/2012 at 09:30AM, The Hearing on the Second Motion to Compel is set for 5/1/2012 at 09:30AM, The Parties' Preliminary Submission On Evidentiary Matters is set for 6/26/2012. The Hearing on the Preliminary Submission is set for 7/10/2012 at 09:30AM. The 5/8/2012 Pretrial Conference is STRICKEN, and re-set to 9/18/2012 at 09:30AM, and the 15-day jury trial now set for 5/15/2012 is STRICKEN, and re-set to 10/2/2012 at 09:00AM in Portland Courtroom 9A before Judge Garr M. King. Ordered by Judge Garr M. King. (pc) Modified on 2/2/2012 (pc). (Entered: 02/02/2012)

Feb. 2, 2012

Feb. 2, 2012

PACER
71

Administrative Correction of the Record: A clerical error pursuant to Fed. R. Crim. P 36 has been discovered in the case record referencing document 70 and the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly: The time of 09:30AM was deleted from the date of 6/26/2012 Parties' Preliminary Submission On Evidentiary Matters. Ordered by Judge Garr M. King. (pc) (Entered: 02/02/2012)

Feb. 2, 2012

Feb. 2, 2012

PACER
72

Supplemental Memorandum in Support of Motion by Mohamed Osman Mohamud regarding Motion for Disclosure of FISA-Related Material Necessary To Litigate Motions For Discovery And For Suppression Of The Fruits Of FISA Activity 54 filed by Defendant Mohamed Osman Mohamud (Sady, Stephen) (Entered: 02/03/2012)

Feb. 3, 2012

Feb. 3, 2012

PACER
73

Notice by USA as to Mohamed Osman Mohamud of Additional Counsel for the Government (Holsinger, Pamala) (Entered: 02/07/2012)

Feb. 7, 2012

Feb. 7, 2012

PACER
74

Unopposed Motion for Order to Seal Second Statement in Support of Discovery Motions by Defendant Mohamed Osman Mohamud. (Attachments: # 1 Proposed Order) (Sady, Stephen) (Entered: 02/21/2012)

1 Proposed Order

View on PACER

Feb. 21, 2012

Feb. 21, 2012

PACER
75

Response to Motion by USA as to Mohamed Osman Mohamud regarding Motion to Suppress 56 filed by Defendant Mohamed Osman Mohamud (Knight, Ethan) (Entered: 02/21/2012)

Feb. 21, 2012

Feb. 21, 2012

PACER
76

Notice by USA as to Mohamed Osman Mohamud Notification to Defendant of Third In Camera, Ex Parte, Under Seal Filing by the United States Pursuant to the Classified Information Procedures Act (Knight, Ethan) (Entered: 02/21/2012)

Feb. 21, 2012

Feb. 21, 2012

PACER
77

Second Motion to Compel Discovery by Defendant Mohamed Osman Mohamud. (Sady, Stephen) (Entered: 02/21/2012)

Feb. 21, 2012

Feb. 21, 2012

PACER
78

Memorandum in Support of Motion by Mohamed Osman Mohamud regarding Second Motion to Compel Discovery 77 filed by Defendant Mohamed Osman Mohamud (Sady, Stephen) (Entered: 02/21/2012)

Feb. 21, 2012

Feb. 21, 2012

PACER
80

ORDER Granting 74 Motion to file Second Statement in Support of Discovery under seal and ex-parte as to Mohamed Osman Mohamud (1)Signed on 2/22/12. by Judge Garr M. King (schm) (Entered: 02/24/2012)

Feb. 22, 2012

Feb. 22, 2012

PACER
81

Notice by USA as to Mohamed Osman Mohamud Notification to Defendant of Fourth In Camera, Ex Parte, Under Seal Filing by the United States (Knight, Ethan) (Entered: 02/28/2012)

Feb. 28, 2012

Feb. 28, 2012

PACER
82

1 Exhibit #1

View on PACER

Feb. 28, 2012

Feb. 28, 2012

PACER
87

Reply to Response to Motion by Mohamed Osman Mohamud regarding Motion to Suppress the Products of Non-FISA Interrogations, Searches, and Seizures 56 (Sady, Stephen) (Entered: 03/06/2012)

March 6, 2012

March 6, 2012

PACER
88

Amended Memorandum in Opposition to Motion by USA as to Mohamed Osman Mohamud regarding Motion for Disclosure of FISA-Related Material Necessary To Litigate Motions For Discovery And For Suppression Of The Fruits Of FISA Activity 54 filed by Defendant Mohamed Osman Mohamud (Attachments: # 1 Exhibit #1) (Knight, Ethan) (Entered: 03/08/2012)

1 Exhibit #1

View on PACER

March 8, 2012

March 8, 2012

PACER
89

Unopposed Motion for Extension of Time (Related Doc. 88 Memorandum in Opposition, ) by Defendant Mohamed Osman Mohamud. (Sady, Stephen) (Entered: 03/08/2012)

March 8, 2012

March 8, 2012

PACER
90

ORDER - Granting Unopposed Motion for Extension of Time (Related Doc. 88 Memorandum in Opposition) 89 as to Mohamed Osman Mohamud (1). Defendant's Reply to his Motion to Disclose FISA-Related Material Necessary to Litigate Motions for Discovery and for Suppression of the Fruits of FISA Activity is due by March 27, 2012. Ordered by Judge Garr M. King. (pc) (Entered: 03/12/2012)

March 12, 2012

March 12, 2012

PACER
91

Response to Motion by USA as to Mohamed Osman Mohamud regarding Motion to Compel 77 filed by Defendant Mohamed Osman Mohamud (Knight, Ethan) (Entered: 03/15/2012)

March 15, 2012

March 15, 2012

PACER
92

Notice by USA as to Mohamed Osman Mohamud Notification to Defendant of Fifth In Camera, Ex Parte, Under Seal Filing by the United States (Knight, Ethan) (Entered: 03/16/2012)

March 16, 2012

March 16, 2012

PACER
93

Supplemental Motion to Suppress the Products of Non-FISA Interrogations, Searches, and Seizures by Defendant Mohamed Osman Mohamud. (Sady, Stephen) (Entered: 03/26/2012)

March 26, 2012

March 26, 2012

PACER
94

Reply to Response to Motion by Mohamed Osman Mohamud regarding Motion for Disclosure of FISA-Related Material Necessary To Litigate Motions For Discovery And For Suppression Of The Fruits Of FISA Activity 54 (Sady, Stephen) (Entered: 03/27/2012)

March 27, 2012

March 27, 2012

PACER
95

WITHDRAWN pursuant to the Court's Order 98 . Corrected reply docketed as # 99 . Modified on 3/30/2012 (kw). (Entered: 03/29/2012)

March 29, 2012

March 29, 2012

PACER
96

Unopposed Motion to Withdraw Document by Defendant Mohamed Osman Mohamud. (Attachments: # 1 Proposed Order, # 2 Proposed Document) (Sady, Stephen) (Entered: 03/30/2012)

1

View on PACER

2

View on PACER

March 30, 2012

March 30, 2012

PACER
97

Exhibit by Mohamed Osman Mohamud regarding Unopposed Motion to Withdraw Document 96 filed by Defendant Mohamed Osman Mohamud (Sady, Stephen) (Entered: 03/30/2012)

March 30, 2012

March 30, 2012

PACER
98

ORDER TO WITHDRAW REPLY AND SUBSTITUTE CORRECTED REPLY; Granting 96 Defendant's Motion to Withdraw Document as to Defendant Mohamed Osman Mohamud (1); IT IS HEREBY ORDERED that the Defendant's Reply to Government's Response to Defendant's Second Motion to Compel Discovery [#95] be WITHDRAWN and the corrected reply be substituted; Signed on 3/30/12 by Judge Garr M. King. (kw) (Entered: 03/30/2012)

March 30, 2012

March 30, 2012

PACER
99

Corrected Reply to Response to Motion by Defendant Mohamed Osman Mohamud regarding Second Motion to Compel Discovery 77 . (Filed pursuant to the Court's Order 98 ) (kw) (Entered: 03/30/2012)

March 30, 2012

March 30, 2012

PACER
100

Scheduling Order as to Mohamed Osman Mohamud (1). At the request of the parties, the TIME of the 4/10/2012 Oral Argument is re-set from 09:30AM to 01:00PM in Portland Courtroom 9A before Judge Garr M. King. Ordered by Judge Garr M. King. (pc) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
101

Motion to Continue / Reset Order of Hearings by Defendant Mohamed Osman Mohamud. (Sady, Stephen) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
102

ORDER - Granting in Part Motion to Continue / Reset 101 as to Mohamed Osman Mohamud (1). Order - Striking the Hearing set for 4/10/2012 on the Motion to Suppress the Products of Non-FISA Interrogations 56 and re-setting it for 5/1/2012 at 09:30AM; Striking the 5/1/2012 Hearing on the Second Motion to Compel Discovery 77 and re-setting it for 4/17/2012 at 09:30AM; The hearing on the Motion for Disclosure of FISA-Related Material 54 remains as previously scheduled on 4/17/12 at 01:00PM in Portland Courtroom before Judge Garr M. King. Ordered by Judge Garr M. King. (pc) (Entered: 04/04/2012)

April 4, 2012

April 4, 2012

PACER
105

Unopposed Motion to File Third Ex Parte Statement in Support of Discovery Motions Under Seal by Defendant Mohamed Osman Mohamud. (Attachments: # 1 Proposed Order) (Sady, Stephen) (Entered: 04/12/2012)

April 12, 2012

April 12, 2012

PACER
106

ORDER Granting 105 Motion to File Defendant's Third Ex Parte Statement in Support of Discovery Motion Under Seal as to Mohamed Osman Mohamud (1)Signed on 4/16/12 by Judge Garr M. King (schm) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
108

Minutes of Proceedings: Oral Argument held before Judge Garr M. King. The Court takes Under Advisement Motion for Disclosure 54 and Motion to Compel 77 as to Mohamed Osman Mohamud (1). Ethan D. Knight and Pamala Holsinger present as counsel for plaintiff(s). Steven Sady and Steven Wax present as counsel for defendant(s). (Court Reporter Bonita Shumway.) (pc) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
109

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument as to Defendant Mohamed Osman Mohamud for date of 4/17/2012 before Judge Garr M. King, Court Reporter Bonita J. Shumway, telephone number 503-326-8188. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 4/30/2012. Redaction Request due 5/14/2012. Redacted Transcript Deadline set for 5/24/2012. Release of Transcript Restriction set for 7/23/2012. (Shumway, Bonita) (Entered: 04/20/2012)

April 20, 2012

April 20, 2012

PACER

Case Details

State / Territory: Oregon

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Foreign Intelligence Surveillance Act—Internet Metadata

Foreign Intelligence Surveillance Act—Foreign Targeting (702, 703, 704)

Criminal cases challenging FISA surveillance

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 29, 2010

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

This is a criminal case brought by the U.S. government (Department of Justice). The defendant was Mohamed Osman Mohamud, a naturalized American from Somalia, charged with attempting to use a weapon of mass destruction after he tried to detonate what he thought was a car-bomb in Oregon.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Mohamed Osman Mohamud, Private Entity/Person

Case Details

Causes of Action:

FISA Title VII targeting order (Sections 702, 703, 704), 50 U.S.C. 1881a, 1881b, 1881c

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Criminal Conviction

Source of Relief:

Litigation

Issues

General:

Confidentiality

Search policies

Terrorism/Post 9-11 issues