Case: U.S. v. Daoud

1:12-cr-00723 | U.S. District Court for the Northern District of Illinois

Filed Date: Sept. 15, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 15, 2012, the government initiated criminal prosecution of the defendant in the U.S. District Court for the District of Oregon after arresting the defendant the day before. The government charged the defendant with attempting to damage and destroy a building by means of explosion, in violation of 18 U.S.C. §§ 2332a(a)(2)(D) and 844(i). The defendant allegedly attempted to bomb a bar in Chicago with a fake bomb provided by an FBI sting. In August 2013, the government added the charg…

On September 15, 2012, the government initiated criminal prosecution of the defendant in the U.S. District Court for the District of Oregon after arresting the defendant the day before. The government charged the defendant with attempting to damage and destroy a building by means of explosion, in violation of 18 U.S.C. §§ 2332a(a)(2)(D) and 844(i). The defendant allegedly attempted to bomb a bar in Chicago with a fake bomb provided by an FBI sting. In August 2013, the government added the charge of soliciting a crime of violence, murder for hire, and witness tampering, in violation of 18 U.S.C. §§ 373(a), 1958(a), and 1512(a)(1)(A), respectively. The defendant allegedly attempted to solicit someone to murder the undercover agent with whom he had dealt.

This case is in this Clearinghouse because the U.S. Court of Appeals for the Seventh District addressed the tension between the Foreign Intelligence Surveillance Act and the evidentiary investigation required by the test laid out in Franks v. Delaware, 438 U.S. 154 (1978), for determining the legality of a warrant. The Franks test allows a defendant to challenge a search warrant on the ground that it was procured by a knowing or reckless falsehood by the officer who applied for the warrant. More details on the underlying criminal litigation are provided at the end.

The government notified the defendant, pursuant to 50 U.S.C. §§ 1806(c) and 1825(d)-sections of FISA, 50 U.S.C. §§ 1801 et seq.-that it intended to present evidence at his trial derived from electronic surveillance that had been conducted under the authority of the Act.

The defendant responded through counsel with a motion seeking access to the classified materials submitted in support of the government's FISA warrant applications in order to determine the legality of the warrant to obtain access to the defendant's communications. The defense counsel sought to show that the evidence obtained or derived from the electronic surveillance was based on information that was unlawfully acquired or that the surveillance was not made in conformity with an order of authorization or approval, both being grounds for suppression. The defense counsel argued that it would be too difficult to conduct a Franks hearing without the classified materials that the government relied on in obtaining the warrant. Anticipating this difficulty, the drafters of FISA devised a solution: the judge makes the additional determination, based on full access to all classified materials and the defense's proffer of its version of events, of whether it's possible to determine the validity of the Franks challenge without disclosure of any of the classified materials to the defense.

In response to the defendant's motion, the government filed a heavily redacted, unclassified response, accessible to the defendant and his lawyers, and a classified version, accessible only to the district court, accompanied by an unclassified statement by the Attorney General that disclosure of the classified material, or an adversarial hearing with respect to it, "would harm the national security of the United States." The harm was detailed in a classified affidavit signed by the FBI's Acting Assistant Director for Counterterrorism.

Judge Sharon Johnson Coleman of the district court studied the classified materials to determine whether they should be shown to the defendant's lawyers, who had the necessary level of security clearances. On January 29, 2014, Judge Coleman ordered the materials to be turned over to the defense counsel. Judge Coleman acknowledged the unprecedented nature of the disclosure of FISA materials to a defense counsel, but held that "the adversarial process is integral to safeguarding the rights of all citizens," and that "the supposed national security interest at stake is not implicated where defense counsel has the necessary security clearances," Judge Coleman ruled that "the probable value of disclosure and the risk of nondisclosure outweighed the potential danger of disclosure to cleared counsel." United States v. Daoud, 2014 WL 321384 (N.D. Ill. Jan. 29, 2014). The order, though interlocutory, was appealable immediately, and the government appealed.

On June 16, 2014, the U.S. Court of Appeal for the Seventh District reversed the district court's order. Judge Richard Posner, writing for the court, held that Judge Coleman had failed to to conduct a proper ex parte in camera review to determine whether the defense counsel was entitled to the FISA material. Judge Ilana Rovner filed a concurring opinion. In addressing the Franks issue, Judge Posner wrote, "Thirty-six years after the enactment of FISA, it is well past time to recognize that it is virtually impossible for a FISA defendant to make the showing that Franks requires in order to convene an evidentiary hearing, and that a court cannot conduct more than a limited Franks review on its own. Possibly there is no realistic means of reconciling Franks with the FISA process. But all three branches of government have an obligation to explore that question thoroughly before we rest with that conclusion." United States v. Daoud, 2014 WL 2696734 (7th Cir. June 16, 2014).

The defendant's attorneys appealed the Seventh Circuit's decision to the Supreme Court; he filed a petition for writ of certiorari on February 4, 2015. The Supreme Court denied the petition on February 23.

Judge Coleman ruled on outstanding FISA-related motions on March 19, 2015. She declined to grant the defendant's motion to reopen investigation into the FISA warrant against him because of reports of abuse of the FISA system, saying that the incidents he flagged did not have anything to do with this case and that Executive Order 12333 that gives the Executive Branch surveillance capabilities is sufficiently broad to not warrant further investigation into the matter. She also denied the defendant's motion for a new Franks hearing, saying that, despite the defendant's assertions to the contrary, the Seventh Circuit settled the issue. Finally, she also denied a motion to disclose the identity of the FBI officer involved in his investigation, saying that the records already disclosed by the FBI gave the defense team enough information to conduct a meaningful cross.

The defendant filed a motion on September 28, 2018 asking for clarity on Judge Coleman's January 29, 2014 opinion on FISA disclosures to defense attorneys. He noted that his motion that prompted the opinion asked for a ruling on the constitutionality of FISA, but Judge Coleman had not made an explicit ruling on the issue. Judge Coleman did not rule on the motion before the defendant pleaded guilty in the criminal trial.

Here are additional details on the criminal case:

The first indictment arose out of an investigation that began in May 2012 when the defendant, an 18-year-old American citizen and resident of Hillside, Illinois, a suburb of Chicago, joined an email conversation with two undercover FBI employees posing as terrorists who had responded to messages that he had posted online. The ensuing investigation, based in part on a series of surveillance warrants, yielded evidence that the defendant planned "violent jihad"-terrorist attacks in the name of Islam-and had discussed his plans with "trusted brothers." He expressed interest in committing such attacks in the United States, utilizing bombmaking instructions that he had read both in Inspire magazine, an organ of Al Qaeda that is published in English, and through internet searches. One of his FBI correspondents put him in touch with an undercover agent (a "cousin") whom the correspondent represented to be a fellow terrorist. After meeting six times with the "cousin," the defendant selected a bar in downtown Chicago to be the target of a bomb that the agent would supply him with. The agent told him the bomb would destroy the building containing the bar, and warned him that it would kill "hundreds" of people. The defendant replied: "that's the point."

On September 14, 2012, the defendant parked a Jeep containing the bomb in front of the bar. In a nearby alley, in the presence of the agent, he tried to detonate the bomb. Nothing happened, of course, because the bomb was a fake. The defendant was immediately arrested. It was while in jail a month later that, according to the second indictment, he tried to solicit someone to murder the undercover agent with whom he had dealt.

The criminal trial went through an extremely long discovery process. The defendant underwent an extensive investigation into his capacity to stand trial starting in 2015, which took place under the guidance of Judge Samuel Der-Yehigian, a Judge on the U.S. District Court for the Northern District of Illinois who was overseeing a similar competency evaluation in another case. The court ultimately decided that the defendant was competent to stand trial on March 12, 2018. The defendant plead guilty to the crime, and judgment was entered on May 20, 2019. He appealed the decision on June 19, 2019 (Seventh Circuit, docket 19-2186). The Seventh Circuit has not issued a ruling on the appeal.

Summary Authors

Jessica Kincaid (7/21/2014)

Ellen Aldin (6/15/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4260769/parties/united-states-v-daoud/


Judge(s)

Coleman, Sharon Johnson (Illinois)

Kanne, Michael Stephen (Indiana)

Keys, Arlander (Illinois)

Posner, Richard A. (District of Columbia)

Rovner, Ilana Kara Diamond (Illinois)

Attorneys(s) for Plaintiff

Ardam, Tiffany (Illinois)

Cody, MiAngel C. (Illinois)

Durkin, Thomas Anthony (Illinois)

Haxall, Bolling W. (Illinois)

Hiller, Richard Matthew (Illinois)

Judge(s)

Coleman, Sharon Johnson (Illinois)

Kanne, Michael Stephen (Indiana)

Keys, Arlander (Illinois)

Posner, Richard A. (District of Columbia)

Rovner, Ilana Kara Diamond (Illinois)

Attorneys(s) for Plaintiff

Ardam, Tiffany (Illinois)

Cody, MiAngel C. (Illinois)

Durkin, Thomas Anthony (Illinois)

Haxall, Bolling W. (Illinois)

Hiller, Richard Matthew (Illinois)

Jonas, Barry (Illinois)

Ridgway, William (Illinois)

Attorneys(s) for Defendant

Herman, Joshua G. (Illinois)

Jones, Ronald Cecil (Illinois)

Lyon, Andrea D (Illinois)

Roberts, Janis D. (Illinois)

Waters, Robin Valentine (Illinois)

Documents in the Clearinghouse

Document

1:12-cr-00723

Docket [PACER]

USA v. Daoud

June 3, 2020

June 3, 2020

Docket
1

1:12-cr-00723

Criminal Complaint

United States of America v. Daoud

Sept. 15, 2012

Sept. 15, 2012

Complaint
42

1:12-cr-00723

Defendant's Motion for Notice of FISA Amendments Act Evidence Pursuant to 50 U.S.C. §§ 1881e(a), 1806(c)

United States v. Daoud

May 22, 2013

May 22, 2013

Pleading / Motion / Brief
49

1:12-cr-00723

Government's Sur-Reply to Defendant's Motion of Notice of FISA Amendments Act Evidence Pursuant to §§ 1881(e)(a) and 1806(c)

United States v. Daoud

Aug. 8, 2013

Aug. 8, 2013

Pleading / Motion / Brief
51

1:12-cr-00723

Defendant's Motion for Disclosure of FISA-Related Material and to Suppress the Fruits or Derivatives of Electronic Surveillance and any Other Means of Collection Conducted Pursuant to FISA or Other Foreign Intelligence Gathering

United States v. Daoud

Aug. 9, 2013

Aug. 9, 2013

Pleading / Motion / Brief
63

1:12-cr-00723

Government's Consolidated Response to Defendant's Pretrial Motions

United States v. Daoud

Aug. 26, 2013

Aug. 26, 2013

Pleading / Motion / Brief
70

1:12-cr-00723

Motion for Discovery in Support of Defendant's Previously Filed Motion for Notice of FISA Amendments Act Evidence Pursuant to 50 U.S.C. §§ 1881e(a), 1806(c) (Dkt. #42)

Sept. 18, 2013

Sept. 18, 2013

Pleading / Motion / Brief
92

1:12-cr-00723

Memorandum Opinion and Order

United States of America v. Daoud

2014 WL 321384

Jan. 29, 2014

Jan. 29, 2014

Order/Opinion
115

1:12-cr-00723

Order [of USCA regarding notice of appeal 97]

United States of America v. Daoud

U. S. Court of Appeals for the Seventh Circuit

March 20, 2014

March 20, 2014

Order/Opinion
20

1:12-cr-00723

Brief of the United States and Short Appendix

United States v. Daoud

U. S. Court of Appeals for the Seventh Circuit

March 31, 2014

March 31, 2014

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4260769/united-states-v-daoud/

Last updated Aug. 8, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link

ARREST of defendant Adel Daoud. (td, )

Sept. 14, 2012

Sept. 14, 2012

PACER

arrest

Sept. 14, 2012

Sept. 14, 2012

PACER
1

COMPLAINT signed by Honorable Arlander Keys as to defendant Adel Daoud. (td, ) (Entered: 09/18/2012)

Sept. 15, 2012

Sept. 15, 2012

RECAP
2

MINUTE entry before the Honorable Arlander Keys as to Adel Daoud: Initial appearance proceedings held. Defendant appears in response to arrest on 9/14/2012. The defendant is informed of his rights. Enter order appointing MiAngel Cody as counsel for defendant. Preliminary Examination and Detention hearing set for 9/17/2012 at 3:00 p.m. The defendant is ordered detained until further order of court. Mailed notice (td, ) (Entered: 09/18/2012)

Sept. 15, 2012

Sept. 15, 2012

PACER
3

ORDER Appointing Counsel Signed by the Honorable Arlander Keys on 9/15/2012. (td, ) (Entered: 09/18/2012)

Sept. 15, 2012

Sept. 15, 2012

PACER
4

ATTORNEY Appearance for defendant Adel Daoud by MiAngel C. Cody. (td, ) (Entered: 09/18/2012)

Sept. 15, 2012

Sept. 15, 2012

PACER
5

FINANCIAL Affidavit filed by Adel Daoud (SEALED). (td, ) (Entered: 09/18/2012)

Sept. 15, 2012

Sept. 15, 2012

PACER
15

MINUTE entry before the Honorable Arlander Keys as to Adel Daoud: Case called for Preliminary Examination and Detention hearing. MiAngel Cody is granted leave to withdraw her appearance as counsel for defendant and Thomas Durkin, Joshua G. Herman and Janis D. Roberts are granted leave to file their appearance as counsel for defendant. Pursuant to the request of defendant's counsel, Preliminary Examination and Detention hearing reset to 9/19/2012 at 3:00 p.m. The defendant is ordered detained until further order of court. Mailed notice (td, ) (Entered: 09/21/2012)

Sept. 17, 2012

Sept. 17, 2012

PACER
6

ATTORNEY Designation for USA of Bolling W Haxall (Haxall, Bolling) (Entered: 09/18/2012)

Sept. 18, 2012

Sept. 18, 2012

PACER
7

ATTORNEY Appearance for USA byBarry Jonas (Jonas, Barry) (Entered: 09/18/2012)

Sept. 18, 2012

Sept. 18, 2012

PACER
8

ATTORNEY Appearance for USA byWilliam Ridgway (Ridgway, William) (Entered: 09/18/2012)

Sept. 18, 2012

Sept. 18, 2012

PACER
9

NOTICE of Intent To Use FISA Information by USA as to Adel Daoud (Ridgway, William) (Entered: 09/18/2012)

Sept. 18, 2012

Sept. 18, 2012

PACER
10

PRETRIAL Bail Report as to Adel Daoud (SEALED) (ct, ) (Entered: 09/18/2012)

Sept. 18, 2012

Sept. 18, 2012

PACER

Judge update in case as to Adel Daoud. Judge Honorable Arlander Keys no longer assigned to case. (cft, )

Sept. 20, 2012

Sept. 20, 2012

PACER

add and terminate judges

Sept. 20, 2012

Sept. 20, 2012

PACER

case assigned

Sept. 20, 2012

Sept. 20, 2012

PACER
11

ATTORNEY Appearance for defendant Adel Daoud by Thomas Anthony Durkin (Durkin, Thomas) (Entered: 09/20/2012)

Sept. 20, 2012

Sept. 20, 2012

PACER
12

ATTORNEY Appearance for defendant Adel Daoud by Joshua G. Herman (Herman, Joshua) (Entered: 09/20/2012)

Sept. 20, 2012

Sept. 20, 2012

PACER
13

ATTORNEY Appearance for defendant Adel Daoud by Janis D. Roberts (Roberts, Janis) (Entered: 09/20/2012)

Sept. 20, 2012

Sept. 20, 2012

PACER
14

EXECUTIVE COMMITTEE ORDER: Case as to Adel Daoud referred to Magistrate Judge Honorable Arlander Keys for bail/detention hearing(s). Mailed notice (td, ) (Entered: 09/20/2012)

Sept. 20, 2012

Sept. 20, 2012

PACER

Judge update in case as to Adel Daoud case assigned to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Arlander Keys. (td, )

Sept. 20, 2012

Sept. 20, 2012

PACER
16

INDICTMENT as to Adel Daoud (1) count(s) 1, 2. (td, ) (Entered: 09/24/2012)

Sept. 20, 2012

Sept. 20, 2012

PACER
18

DESIGNATION Sheet: FELONY (Category 3). (td, ) (Entered: 09/24/2012)

Sept. 20, 2012

Sept. 20, 2012

PACER
19

MINUTE entry before the Honorable Maria Valdez as to Adel Daoud: No bond set. Detained by Magistrate Judge. (td, ) (Entered: 09/24/2012)

Sept. 20, 2012

Sept. 20, 2012

PACER
20

MINUTE entry before the Honorable Arlander Keys as to Adel Daoud: Detention hearing held. The defendant is ordered detained for the reasons stated on the record. Mailed notice (td, ) (Entered: 09/24/2012)

Sept. 20, 2012

Sept. 20, 2012

PACER
21

NOTICE of Arraignment as to Adel Daoud before Honorable Sharon Johnson Coleman on 10/24/2012 at 10:30 AM in courtroom 1425. (td, ) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

PACER
22

MINUTE entry before the Honorable Sharon Johnson Coleman: as to Adel Daoud(#43222424); Arraignment set for 10/24/2012 is reset by the court to 10/11/2012 at 01:30 PM. Mailed notice (rth, ) (Entered: 09/25/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
23

MOTION by USAGovernment's Motion for Pretrial Conference Pursuant to the Classified Information Procedures Act and Memorandum of Law in Support Thereof as to Adel Daoud (Ridgway, William) (Entered: 10/10/2012)

Oct. 10, 2012

Oct. 10, 2012

RECAP
24

MOTION by USAGovernment's Motion to Designate the Case Complex and Exclude Time Under the Speedy Trial Act as to Adel Daoud (Ridgway, William) (Entered: 10/10/2012)

Oct. 10, 2012

Oct. 10, 2012

PACER
25

RESPONSE by Adel Daoud regarding MOTION by USAGovernment's Motion to Designate the Case Complex and Exclude Time Under the Speedy Trial Act as to Adel Daoud 24 (Herman, Joshua) (Entered: 10/10/2012)

Oct. 10, 2012

Oct. 10, 2012

PACER
26

MINUTE entry before the Honorable Sharon Johnson Coleman: as to Adel Daoud, Arraignment held. Defendant waives formal reading and enters plea of not guilty to counts 1 and 2 of the indictment. Government's motion for pretrial conference pursuant to CIPA 23 is granted. CIPA hearing set to 10/17/2012 at 10:30 a.m. Government's motion to designate the case complex and exclude time under the Speedy Trial Act 24 is granted. Time excluded to 10/17/2012 pursuant to 18:3161 (h)(7)(B)(ii). Mailed notice (emd, ) (Entered: 10/15/2012)

Oct. 11, 2012

Oct. 11, 2012

PACER
27

MINUTE entry before the Honorable Sharon Johnson Coleman: as to Adel Daoud, CIPA hearing held. Status hearing held and continued to 12/5/2012 at 10:00 a.m. Time excluded to 12/5/2012 pursuant to 18:3161 (h)(7)(B)(ii). Mailed notice (emd, ) (Entered: 10/19/2012)

Oct. 17, 2012

Oct. 17, 2012

PACER
28

MINUTE entry before the Honorable Sharon Johnson Coleman: as to Adel Daoud; Enter Protective Order. Mailed notice (rth, ) (Entered: 10/24/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
29

PROTECTIVE Order as to Adel Daoud Signed by the Honorable Sharon Johnson Coleman on 10/19/2012.Mailed notice (rth, ) (Entered: 10/24/2012)

Oct. 19, 2012

Oct. 19, 2012

RECAP
30

MOTION by USA to amend/correct as to Adel Daoud AGREED MOTION TO AMEND THE PROTECTIVE ORDER (Ridgway, William) (Entered: 11/16/2012)

Nov. 16, 2012

Nov. 16, 2012

PACER
31

MINUTE entry before the Honorable Sharon Johnson Coleman: as to Adel Daoud(#43222424); Status hearing set for 12/5/2012 is stricken and reset to 12/11/2012 at 09:45 AM. Time excluded to 12/11/2012 pursuant to 18:3161 (h)(7)(B)(i). Mailed notice (rth, ) (Entered: 12/04/2012)

Dec. 4, 2012

Dec. 4, 2012

PACER
32

MINUTE entry before the Honorable Sharon Johnson Coleman: as to Adel Daoud (1); Government's agreed motion to amend protective order 30 is granted. Enter Agreed Amended Order. Mailed notice (rth, ) (Entered: 12/06/2012)

Dec. 6, 2012

Dec. 6, 2012

PACER
33

AGREED AMENDED ORDER as to Adel Daoud Signed by the Honorable Sharon Johnson Coleman on 12/6/2012.Mailed notice (rth, ) (Entered: 12/06/2012)

Dec. 6, 2012

Dec. 6, 2012

PACER
34

MINUTE entry before the Honorable Sharon Johnson Coleman: as to Adel Daoud(#43222424); Status hearing held on 12/11/2012. Status hearing set for 1/15/2013 at 09:45 AM. Time excluded to 1/15/2013 pursuant to 18:3161 (h)(7)(B)(i). Mailed notice (rth, ) (Entered: 12/16/2012)

Dec. 11, 2012

Dec. 11, 2012

PACER
35

MINUTE entry before the Honorable Sharon Johnson Coleman: as to Adel Daoud(#43222424); Status hearing held on 1/15/2013. Status hearing set for 2/15/2013 at 09:45 AM. Time excluded to 2/15/2013 pursuant to 18:3161 (h)(7)(B)(i). Mailed notice (rth, ) (Entered: 01/16/2013)

Jan. 15, 2013

Jan. 15, 2013

PACER
36

MINUTE entry before the Honorable Sharon Johnson Coleman: as to Adel Daoud(#43222424); Status hearing held on 2/15/2013. Status hearing set for 3/13/2013 at 09:45 AM. Time excluded to 3/13/2013 pursuant to 18:3161 (h)(7)(B)(i). Mailed notice (rth, ) (Entered: 02/19/2013)

Feb. 15, 2013

Feb. 15, 2013

PACER
37

PETITION filed by Adel Daoud for Court Appointed Counsel (Unopposed) (Herman, Joshua) (Entered: 03/05/2013)

March 5, 2013

March 5, 2013

PACER
38

NOTICE of Motion by Joshua G. Herman for presentment of before Honorable Sharon Johnson Coleman on 3/13/2013 at 09:45 AM. (Herman, Joshua) (Entered: 03/05/2013)

March 5, 2013

March 5, 2013

PACER
39

Government's Ex Parte, In Camera Motion For Protective Order Pursuant to CIPA Section 4 and Fed. R. Crim. P. 16(d)(1) by USA as to Adel Daoud (Ridgway, William) (Entered: 03/12/2013)

March 12, 2013

March 12, 2013

RECAP
40

MINUTE entry before the Honorable Sharon Johnson Coleman: as to Adel Daoud(#43222424); Status hearing held on 3/13/2013. Defendant's unopposed petition for court appointed counsel 37 is granted. The court appoints Thomas Durkin and Joshua Herman as counsel for defendant. Status hearing set for 4/17/2013 at 10:30 AM. Time excluded to 4/17/2013 pursuant to 18:3161 (h)(7)(B)(i). Mailed notice (rth, ) (Entered: 03/18/2013)

March 13, 2013

March 13, 2013

PACER
41

MINUTE entry before the Honorable Sharon Johnson Coleman: as to Adel Daoud(#43222424); Status hearing held on 4/17/2013. Status hearing set for 5/22/2013 at 10:00 AM. Time excluded to 5/22/2013 pursuant to 18:3161 (h)(7)(B)(i). Mailed notice (rth, ) (Entered: 04/18/2013)

April 17, 2013

April 17, 2013

PACER
42

MOTION by Adel Daoud for Notice of FISA Amendments Act Evidence Pursuant to 50 U.S.C. §§ 1881e(a), 1806(c) (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Durkin, Thomas) (Entered: 05/22/2013)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

May 22, 2013

May 22, 2013

PACER
43

Brief by Adel Daoud regarding motion for miscellaneous relief 42 Memorandum of Law in Support of Motion for Notice of FAA Evidence Pursuant to 50 U.S.C. §§ 1881e(a), 1806(c) (Attachments: # 1 Exhibit A)(Durkin, Thomas) (Entered: 05/22/2013)

1 Exhibit A

View on PACER

May 22, 2013

May 22, 2013

PACER
44

MINUTE entry before the Honorable Sharon Johnson Coleman: as to Adel Daoud(#43222424); Status hearing held on 5/22/2013. Status hearing set for 8/27/2013 at 09:45 AM. Defendant's motion for Notice of FISA Amendments Act Evidence Pursuant to 50 U.S.C. §§ 1881e(a), 1806(c) to be filed by 5/22/2013. On said motion 42, response due by 6/12/2013. Reply due by 6/21/2013. Once fully briefed, the court will rule or set date for oral argument. Pretrial motions to be filed by 8/9/2013. Responses due by 8/20/2013. Replies due by 8/29/2013. On government's CIPA motion 39, response due by 6/12/2013. Reply due by 6/21/2013. If no response, the court will rule. Jury Trial set for 2/3/2014 at 10:00 AM. Additional dates to be set at the next hearing. Time excluded to 2/3/2014 pursuant to 18:3161 (h)(7)(B)(I). Mailed notice (rth, ) (Entered: 05/24/2013)

May 22, 2013

May 22, 2013

PACER
45

MEMORANDUM by Adel Daoud in Opposition to miscellaneous other 39 Governments Ex Parte, In Camera Motion for Protective Order Pursuant to CIPA Section 4 and Fed. R. Crim. P. 16(d)(1) (Durkin, Thomas) (Entered: 06/12/2013)

June 12, 2013

June 12, 2013

PACER
46

RESPONSE by USA as to Adel Daoud regarding MOTION by Adel Daoud for Notice of FISA Amendments Act Evidence Pursuant to 50 U.S.C. §§ 1881e(a), 1806(c) 42 (Ridgway, William) (Entered: 06/12/2013)

June 12, 2013

June 12, 2013

PACER
47

REPLY by Adel Daoud to MOTION by Adel Daoud for Notice of FISA Amendments Act Evidence Pursuant to 50 U.S.C. §§ 1881e(a), 1806(c) 42 (Attachments: # 1 Exhibit A)(Durkin, Thomas) (Entered: 06/21/2013)

1 Exhibit A

View on PACER

June 21, 2013

June 21, 2013

RECAP
48

REPLY by USA to miscellaneous other 39, memorandum in opposition 45 Government's Reply in Support of Motion for a Protective Order Pursuant to CIPA Section 4 and Fed. R. Crim. P. 16(d)(1) (Ridgway, William) (Entered: 06/21/2013)

June 21, 2013

June 21, 2013

PACER
49

SUR-REPLY by Plaintiff USA to motion for miscellaneous relief 42 (Ridgway, William) (Entered: 08/08/2013)

Aug. 8, 2013

Aug. 8, 2013

RECAP
50

MOTION by USA for leave as to Adel Daoud to File Sur-Reply (Ridgway, William) (Entered: 08/08/2013)

Aug. 8, 2013

Aug. 8, 2013

PACER
51

MOTION by Adel Daoud for disclosure of FISA-Related Material and to Suppress the Fruits or Derivatives of Electronic Surveillance and Any Other Means of Collection Conducted Pursuant to FISA or Other Foreign Intelligence Gathering (Durkin, Thomas) (Entered: 08/09/2013)

Aug. 9, 2013

Aug. 9, 2013

RECAP
52

Brief by Adel Daoud regarding motion for disclosure, 51 Memorandum of Law in Support of Motion for Disclosure of FISA-Related Material and to Suppress the Fruits or Derivatives of Electronic Surveillance and Any Other Means of Collection Conducted Pursuant to FISA or Other Foreign Intelligence Gathering (Durkin, Thomas) (Entered: 08/09/2013)

Aug. 9, 2013

Aug. 9, 2013

PACER
53

MOTION by Adel Daoud for leave to file brief in excess of fifteen pages (Durkin, Thomas) (Entered: 08/09/2013)

Aug. 9, 2013

Aug. 9, 2013

PACER
54

MOTION by Adel Daoud for discovery Regarding the Surveillance and Investigation of Defendant (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Durkin, Thomas) (Entered: 08/09/2013)

Aug. 9, 2013

Aug. 9, 2013

PACER
55

MOTION by Adel Daoud to produce Rule 404(b) Material (Durkin, Thomas) (Entered: 08/09/2013)

Aug. 9, 2013

Aug. 9, 2013

PACER
56

MOTION by Adel Daoud for disclosure of Any Written Santiago Proffer Sixty (60) Days Prior to Trial (Durkin, Thomas) (Entered: 08/09/2013)

Aug. 9, 2013

Aug. 9, 2013

PACER
57

MOTION by Adel Daoud for disclosure of Expert Testimony Sixty (60) Days Prior to Trial (Durkin, Thomas) (Entered: 08/09/2013)

Aug. 9, 2013

Aug. 9, 2013

PACER
58

MOTION by Adel Daoud Motion For Early Return of Trial Subpoenas (Durkin, Thomas) (Entered: 08/09/2013)

Aug. 9, 2013

Aug. 9, 2013

PACER
59

MOTION by Adel Daoud for extension of time Within Which to File Additional Pretrial Motions (Durkin, Thomas) (Entered: 08/09/2013)

Aug. 9, 2013

Aug. 9, 2013

PACER
60

MINUTE entry before the Honorable Sharon Johnson Coleman: as to Adel Daoud (1); Government's motion for leave to file sur-reply 50 is granted. Defendant's motion for leave to file brief in excess of 15 pages 53 is granted. Mailed notice (rth, ) (Entered: 08/15/2013)

Aug. 15, 2013

Aug. 15, 2013

PACER
61

ORDER as to Adel Daoud. (nf, ) (Entered: 08/16/2013)

Aug. 15, 2013

Aug. 15, 2013

RECAP
62

MOTION by USA for extension of time as to Adel Daoud Government's Unopposed Motion for an Extension to Respond to Defendant's Pretrial Motions (Ridgway, William) (Entered: 08/20/2013)

Aug. 20, 2013

Aug. 20, 2013

PACER
63

RESPONSE by USA as to Adel Daoud regarding MOTION by Adel Daoud for extension of time Within Which to File Additional Pretrial Motions 59, MOTION by Adel Daoud for disclosure of Expert Testimony Sixty (60) Days Prior to Trial 57, MOTION by Adel Daoud to produce Rule 404(b) Material 55, MOTION by Adel Daoud for discovery Regarding the Surveillance and Investigation of Defendant 54, MOTION by Adel Daoud for disclosure of Any Written Santiago Proffer Sixty (60) Days Prior to Trial 56, MOTION by Adel Daoud Motion For Early Return of Trial Subpoenas 58 (Ridgway, William) (Entered: 08/26/2013)

Aug. 26, 2013

Aug. 26, 2013

RECAP
64

ORDER as to Adel Daoud: Status hearing held. Defendant's unopposed Motion for leave to file a brief in excess of 15 pages in support of the motion for disclosure of FISA-related material 53 was previously granted. Government's motion for leave to file a sur-reply to defendant's motion for notice of FISA Amendments Act evidence pursuant to 50 U.S.C. §§ 1881e(a), 1806(c) 50 was previously granted. Government's unopposed motion for extension of time to respond to defendant's pretrial motions 62 is granted. The Government's response to defendant's motion for disclosure of FISA-related material to suppress the fruits or derivatives of electronic surveillance and any Other Means of Collection Conducted Pursuant to FISA or Other Foreign Intelligence Gathering 51 is due 10/26/2013 and defendant's reply is due 11/25/2013. Government filed responses to defendant's motions [ 54, 55, 56, 57, 58, 59 ] on 8/26/2013. Defendant's replies in support of motions [ 54, 55, 56, 57, 58 ] are due 9/6/2013. Defendant's motion for an extension of time to file additional pretrial motions 59 is granted with no objection. This Court reserves setting a final date until the pending motions are resolved. With respect to the government's CIPA 4 Motion 39, defendant is to submit an ex parte position statement for the Court to consider in conjunction with the government's motion by 9/26/2013. The Court will then take the matter under advisement. Defendant's motion for notice of FISA Amendments Act (FAA) evidence pursuant to 50 U.S.C. §§ 1881e(a), 1806(c) 42 is denied based on the representations made in the government's sur-reply 49 . The trial is tentatively reset for 2/3/2014 to 4/7/2014 however the parties are to telephone Chambers to confirm the date. Time is excluded to 4/1/2014 pursuant to 18:3161(h)(7)(B)(I). Signed by the Honorable Sharon Johnson Coleman on 8/27/2013. Mailed notice (ph, ) (Entered: 08/28/2013)

Aug. 27, 2013

Aug. 27, 2013

RECAP
65

MOTION by Adel Daoud Motion to Vacate The Denial of His Motion for Notice of FISA Amendments Act (FAA) Evidence Pursuant to 50 U.S.C. §§1881e(a), 1806(c); and For Leave to File a Response to the Governments Sur-Reply to Defendants Motion for Notice of FAA Evidence (Attachments: # 1 Exhibit A, # 2 Exhibit B-1, # 3 Exhibit B-2)(Durkin, Thomas) (Entered: 08/29/2013)

Aug. 29, 2013

Aug. 29, 2013

PACER
66

NOTICE of Motion by Thomas Anthony Durkin for presentment of motion for miscellaneous relief, 65 before Honorable Sharon Johnson Coleman on 9/5/2013 at 09:30 AM. (Durkin, Thomas) (Entered: 08/29/2013)

Aug. 29, 2013

Aug. 29, 2013

PACER
67

MINUTE entry before the Honorable Sharon Johnson Coleman: as to Adel Daoud(#43222424); On 8/29/2013, Defendant Adel Daoud filed a motion to vacate this Court's denial of his motion for Notice under the FISA Amendments Act 65 . At the hearing on 8/27/2013, the parties presented eight motions, discussed briefing schedules and additional discovery, and rescheduled the trial date. During discussion on the motion for FAA Notice, the defendant responded to the Court's query that he was not seeking to respond to the government's written statement that it does not intend to use FAA obtained or derived evidence. Upon review of the the discussion of this particular issue, the Court understood defendant to agree that further argument on the motion for FAA Notice was not necessary based on the Government's unequivocal statement that it does not intend to use evidence obtained or derived from surveillance conducted under the FAA and if its position changes it would provide the Notice required by the statute. However, this Court finds no prejudice in allowing further examination of this issue. As stated at the hearing, this Court will give serious consideration to all submissions on contested motions. Defendant's motion to vacate the denial of his motion for Notice under the FAA 65 is granted. The Court is available to hear the parties further on this issue or if more scheduling is required, on 9/5/2013 or by agreement of the parties upon consultation with the court deputy. Mailed notice (rth, ) (Entered: 09/01/2013)

Sept. 1, 2013

Sept. 1, 2013

PACER
68

MINUTE entry before the Honorable Sharon Johnson Coleman: as to Adel Daoud(#43222424); Jury Trial set for 2/3/2014 is stricken and reset to 4/7/2014 at 10:00 AM. by agreement of the parties. Time excluded to 4/7/2014 pursuant to 18:3161 (h)(7)(B)(I). Mailed notice (rth, ) (Entered: 09/04/2013)

Sept. 4, 2013

Sept. 4, 2013

PACER
69

REPLY by Adel Daoud to MOTION by Adel Daoud for disclosure of Expert Testimony Sixty (60) Days Prior to Trial 57, MOTION by Adel Daoud to produce Rule 404(b) Material 55, MOTION by Adel Daoud for discovery Regarding the Surveillance and Investigation of Defendant 54, MOTION by Adel Daoud for disclosure of Any Written Santiago Proffer Sixty (60) Days Prior to Trial 56 (Durkin, Thomas) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

PACER
70

MOTION by Adel Daoud for discovery in Support of Defendants Previously Filed Motion for Notice of FISA Amendments Act Evidence Pursuant to 50 U.S.C. §§ 1881e(a), 1806(c) (Dkt. #42) (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Durkin, Thomas) (Entered: 09/18/2013)

1 Exhibit A

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2 Exhibit B

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Sept. 18, 2013

Sept. 18, 2013

PACER
71

MOTION by Adel Daoud for extension of time to File His Ex Parte Position Paper with Regard to the Governments CIPA §4 Motion (Unopposed) (Durkin, Thomas) (Entered: 09/25/2013)

Sept. 25, 2013

Sept. 25, 2013

PACER
72

MOTION by USA for leave to file brief in excess of fifteen pages as to Adel Daoud (Ridgway, William) (Entered: 10/25/2013)

Oct. 25, 2013

Oct. 25, 2013

PACER
73

RESPONSE by USA as to Adel Daoud regarding MOTION by Adel Daoud for disclosure of FISA-Related Material and to Suppress the Fruits or Derivatives of Electronic Surveillance and Any Other Means of Collection Conducted Pursuant to FISA or Other Foreign Intelligence Gathering 51 (Attachments: # 1 Declaration Attorney General's Claim of Privilege)(Ridgway, William) (Entered: 10/25/2013)

1 Declaration Attorney General's Claim of Privilege

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Oct. 25, 2013

Oct. 25, 2013

RECAP
74

REPLY by Adel Daoud to MOTION by Adel Daoud for disclosure of FISA-Related Material and to Suppress the Fruits or Derivatives of Electronic Surveillance and Any Other Means of Collection Conducted Pursuant to FISA or Other Foreign Intelligence Gathering 51 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Durkin, Thomas) (Entered: 11/25/2013)

Nov. 25, 2013

Nov. 25, 2013

PACER
75

MOTION by Adel Daoud for leave to file brief in excess of fifteen pages Unopposed (Durkin, Thomas) (Entered: 11/25/2013)

Nov. 25, 2013

Nov. 25, 2013

PACER
76

NOTICE of Motion by Thomas Anthony Durkin for presentment of motion for leave to file excess pages 75 before Honorable Sharon Johnson Coleman on 12/4/2013 at 09:45 AM. (Durkin, Thomas) (Entered: 11/25/2013)

Nov. 25, 2013

Nov. 25, 2013

PACER
77

SEALED EXHIBIT by Adel Daoud (Durkin, Thomas) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

PACER
78

MINUTE entry before the Honorable Sharon Johnson Coleman: as to Adel Daoud (1); Defendant's unopposed motion for leave to file brief in excess of 15 pages 75 is granted. No appearance required on 12/4/2013. Mailed notice (rth, ) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

PACER
79

MOTION by Adel Daoud to Reassign Case No. 13-cr-703 as Related to This Case (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Durkin, Thomas) (Entered: 12/08/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Dec. 8, 2013

Dec. 8, 2013

RECAP
80

NOTICE of Motion by Thomas Anthony Durkin for presentment of motion for miscellaneous relief 79 before Honorable Sharon Johnson Coleman on 12/11/2013 at 09:45 AM. (Durkin, Thomas) (Entered: 12/08/2013)

Dec. 8, 2013

Dec. 8, 2013

PACER

ORAL MOTION by Adel Daoud for interim payments. (ym, )

Dec. 11, 2013

Dec. 11, 2013

PACER

motion for miscellaneous relief

Dec. 11, 2013

Dec. 11, 2013

PACER
81

ORDER as to Adel Daoud: Status hearing held on 12/11/2013. Defendant's request for a psychiatric examination is granted. Enter Order under seal. Defendant's motion to reassign Case No. 13 CR 703 as related to this case 79 is granted. Oral argument set for 1/3/2014 at 01:30 PM. on defendant's motions for disclosure of FISA 51, for discovery Regarding the Surveillance and Investigation of Defendant 54 and for discovery in Support of Defendants Previously Filed Motion for Notice of FISA Amendments Act Evidence Pursuant to 50 U.S.C. 1881e(a), 1806(c) 70 . Defendant's oral motion for interim payments is granted. Time continues to be excluded to 4/7/2014 pursuant to 18:3161 (h)(7)(B)(I). Signed by the Honorable Sharon Johnson Coleman on 12/11/2013. (ym, ) (Entered: 12/16/2013)

Dec. 11, 2013

Dec. 11, 2013

PACER
82

ORDER as to Adel Daoud Signed by the Honorable Sharon Johnson Coleman on 12/11/2013(SEALED). (ym, ) (Entered: 12/16/2013)

Dec. 11, 2013

Dec. 11, 2013

PACER
83

MINUTE entry before the Honorable Sharon Johnson Coleman: as to Adel Daoud (1); Defendant's motion to produce 55 is denied, motion for disclosure 56 is denied, motion for disclosure 57 is granted, and motion for early return of trial subpoenas 58 is granted. Enter Order. Mailed notice (rth, ) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
84

ORDER as to Adel Daoud Signed by the Honorable Sharon Johnson Coleman on 12/20/2013.Mailed notice (rth, ) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
85

Submission of Additional Authority by Adel Daoud for Purposes of Oral Argument (Attachments: # 1 Supplement Additional Authority)(Durkin, Thomas) (Entered: 01/03/2014)

Jan. 3, 2014

Jan. 3, 2014

PACER
86

MINUTE entry before the Honorable Sharon Johnson Coleman: as to Adel Daoud(#43222424); In court hearing held on 1/3/2014. Defendant's motions for disclosure of FISA-Related Material and to Suppress the Fruits or Derivatives of Electronic Surveillance and Any Other Means of Collection Conducted Pursuant to FISA or Other Foreign Intelligence Gathering 51, for discovery Regarding the Surveillance and Investigation of Defendant 54, and for discovery in Support of Defendants Previously Filed Motion for Notice of FISA Amendments Act Evidence Pursuant to 50 U.S.C. §§ 1881e(a), 1806(c) 70 are taken under advisement. On Government's CIPA motion, Defendant's response due by 1/31/2014. Status hearing set for 2/6/2014 at 09:45 AM. Mailed notice (rth, ) (Entered: 01/03/2014)

Jan. 3, 2014

Jan. 3, 2014

PACER
87

as to Adel Daoud (1); On 1/3/2014 this Court heard oral argument on defendant Adel Daoud's motion for additional discovery regarding the government's surveillance and investigation of defendant 54 . This Court denies the motion without prejudice and notwithstanding the government's ongoing duty to supplement discovery disclosures as dictated by the Federal Rules of Evidence, the Jencks Act, Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972). This Court also heard oral argument on defendant's motion for discovery in support of defendant's previously filed motion for notice of FISA Amendments Act Evidence ("FAA") pursuant to 50 U.S.C. §§ 1881e(a), 1806(c) 70 . The defendant having failed to provide any basis for issuing such an Order, the Court denies the motion without prejudice. Signed by the Honorable Sharon Johnson Coleman on 1/17/2014.Mailed notice (rth, ) (Entered: 01/17/2014)

Jan. 17, 2014

Jan. 17, 2014

PACER
88

MOTION by Adel Daoud for extension of time to File His Ex Parte Position Paper with Regard to the Governments CIPA §4 Motion (UNOPPOSED) (Durkin, Thomas) (Entered: 01/27/2014)

Jan. 27, 2014

Jan. 27, 2014

PACER
89

NOTICE of Motion by Thomas Anthony Durkin for presentment of motion for extension of time 88 before Honorable Sharon Johnson Coleman on 1/30/2014 at 08:45 AM. (Durkin, Thomas) (Entered: 01/27/2014)

Jan. 27, 2014

Jan. 27, 2014

PACER
90

MINUTE entry before the Honorable Sharon Johnson Coleman: as to Adel Daoud (1); Defendant's unopposed motion for extension of time to file his ex parte position paper with regard to the government's Classified Information Procedures Act ("CIPA") §4 Motion 88 is granted. No appearance required on 1/30/2014. Mailed notice (rth, ) (Entered: 01/28/2014)

Jan. 28, 2014

Jan. 28, 2014

PACER
91

MINUTE entry before the Honorable Sharon Johnson Coleman: as to Adel Daoud (1); For the reasons discussed below, defendant's motion for disclosure of Foreign Intelligence Surveillance Act of 1978 ("FISA") related material and to suppress the fruits or derivatives of electronic surveillance and any other means of collection conducted pursuant to FISA or other foreign intelligence gathering 51 is granted in part and denied in part. Counsel for Daoud must present to the Court documentation of current valid security clearances at or before the next status hearing on February 6, 2014. Enter Memorandum Opinion and Order. Mailed notice (rth, ) (Entered: 01/29/2014)

Jan. 29, 2014

Jan. 29, 2014

PACER
92

as to Adel Daoud; MEMORANDUM Opinion and Order Signed by the Honorable Sharon Johnson Coleman on 1/29/2014.Mailed notice (rth, ) (Entered: 01/29/2014)

Jan. 29, 2014

Jan. 29, 2014

RECAP
94

MOTION by USA to stay as to Adel Daoud the Court's Order [Doc. #92] (Ridgway, William) (Entered: 02/05/2014)

Feb. 5, 2014

Feb. 5, 2014

PACER

Case Details

State / Territory: Illinois

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Foreign Intelligence Surveillance Act -- Telephony Metadata

Foreign Intelligence Surveillance Act—Internet Metadata

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 15, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiff was the U.S. government. The defendant was a U.S. citizen charged with attempting to damage and destroy a building by means of explosion and soliciting a crime of violence, murder for hire, and witness tampering.

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

Adel Daoud, Private Entity/Person

Case Details

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Confidentiality

Search policies

Terrorism/Post 9-11 issues