Case: United States v. Hasbajrami

1:11-cr-00623 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 6, 2011

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is the third time the government notified a criminal defendant that the evidence used against him was from a FISA warrantless wiretap. These notifications are eventually expected to reach the Supreme Court for a determination of whether or not the 2008 FISA Amendments Act is constitutional. All the cases regarding criminal challenges to warrantless wiretapping are available in the Criminal cases challenging FISA surveillance special collection. On September 6, 2011, Agron Hasbajrami, …

This case is the third time the government notified a criminal defendant that the evidence used against him was from a FISA warrantless wiretap. These notifications are eventually expected to reach the Supreme Court for a determination of whether or not the 2008 FISA Amendments Act is constitutional. All the cases regarding criminal challenges to warrantless wiretapping are available in the Criminal cases challenging FISA surveillance special collection.

On September 6, 2011, Agron Hasbajrami, an Albanian citizen and a lawful U.S. permanent resident, was arrested boarding a flight to Istanbul, Turkey, on a one-way ticket. He was indicted two days later by a federal grand jury for providing and attempting to provide material support to terrorists. The government alleged that Hasbajrami provided funds to jihadist groups in Pakistan who had fought American forces in Afghanistan and intended to fly to Pakistan to assist those groups in that fight.

On September 9, 2011, the government moved for Hasbajrami's permanent detention given the seriousness of his crime, the danger he posed to the community, and the risk that he would flee the country using his international connections. The Court granted the motion that same day. On January 26, 2012, a superseding indictment was issued, charging him with four counts of provisions or attempting to provision material support to terrorists.

On April 12, 2012, Hasbajrami pleaded guilty to Count 2 of the indictment. The trial scheduled for July was cancelled and sentencing was set for September 14, 2012; however, a number of extensions were granted and final judgment was entered on January 16, 2013. Counts 1, 3, and 4 were dismissed and Hasbajrami was sentenced to 15 years in prison for Count 2 with a $100 special assessment fee.

On October 23, 2013, Hasbajrami sent a letter to Judge Gleeson, requesting a copy of the sentencing hearing minutes, docket sheets, grand jury transcripts, and criminal complaint. Judge Gleeson ruled that because Hasbajrami was convicted and had given no notice that he intended to appeal his conviction, his right to criminal discovery was "extinguished" and he was not entitled to the grand jury transcripts or complaint.

On December 3, 2013, the Court received a letter from Hasbajrami indicating that he had moved to have his sentence and conviction vacated. A new docket for his collateral motion was opened under no. 1:13-cv-06852-JG .

After discovery, Judge Gleeson granted Hasbajrami's motion on October 3, 2014, allowing Hasbajrami to withdraw his guilty plea and open further proceedings. Judge Gleeson noted that Hasbajrami's pro se filing only indicated that he believed the statute under which he was convicted was unconstitutionally vague and that the government disclosed new information that changed his case. In September 2011, before the guilty plea, the government indicated that it would use electronic surveillance evidence against Hasbajrami pursuant to FISA. In February 2014, the government disclosed that some of the information it would have used against Hasbajrami in trial, which included foreign intelligence, was obtained by warrantless wire-tapping.

Judge Gleeson allowed Hasbajrami to revoke his guilty plea because he was not sufficiently informed about the facts of his case and thus could not make an intelligent decision about his plea. The government failed to give him proper notice during the plea negotiations of the evidence it intended to use under the FISA Amendments Act of 2008 (FAA). By failing to give such notice, the government effectively implied that it would not use FAA-acquired evidence against him when that is exactly what it intended to do.

On November 26, 2014, Hasbajrami moved to suppress the fruits of FAA surveillance because of the statute's per se unconstitutionality and the government's "outrageous conduct" and his post-arrest statements. He also requested the Court's ruling on whether the government violated his Fifth Amendment right to Due Process, an order directing the government to reveal the witnesses it learned of during Hasbajrami's interrogation, an order directing the government to disclose the evidence that is subject to suppression, notice of the expert witnesses it intends to rely upon at trial, and disclosure of Brady/Giglio material and other evidence it intends to use at trial. On December 23, 2014, the government responded.

On February 20, 2015, Judge Gleeson denied Hasbajrami's motion to suppress the fruits of FAA surveillance and said he would issue a full opinion later. The government indicated that it would disclose some of Hasbajrami's requested information. Judge Gleeson set a status conference for February 27 to see if the government would offer the same plea bargain to Hasbajrami as it did back in 2012. The conference was rescheduled and Judge Gleeson denied Hasbajrami's request for discovery.

At the status conference on April 14, 2015, the government indicated that it would not offer the same plea bargain to Hasbajrami and go to trial, which was set for July 13, 2015. However, the parties began plea negotiations anyway, which were apparently successful. On June 26, 2015, the government issued a superseding information, charging Hasbajrami with one count of provisioning or attempting provision material support to terrorists and one count of conspiracy to provide material support to terrorists. Hasbajrami pleaded guilty to both counts. On July 15, 2015, Hasbajrami filed a sentencing memorandum requesting 60 months in prison. However, just five days later, Hasbajrami again moved to withdraw his guilty plea, arguing that his attorney forced him into it. On August 6, 2015, Judge Gleeson denied his motion to withdraw his plea and his request for new counsel.

On August 17, 2015, final judgment was entered. Hasbajrami was sentenced to 15 years in prison for Count 1 and one year in prison for Count 2, to run consecutively, for a total of 16 years in prison. He was also charged a $200 special assessment fee and a judicial order for removal to Albania was issued. On August 21, 2015, Hasbajrami appealed his conviction and sentence.

On March 8, 2016, Judge Gleeson released his opinion as to his denial of Hasbajrami's motion to suppress. Judge Gleeson refused to examine Hasbajrami's facial challenge to the FAA and instead focused on Hasbajrami's as-applied challenge. He held that warrantless surveillance against non-U.S. persons is lawful and does not violate the Fourth Amendment and the incidental collection of U.S.-based persons' information in the lawful targeting of foreign individuals does not trigger the warrant requirement. Further, Judge Gleeson held that the collection of this information was reasonable and that the collection of traditional FISA surveillance was lawfully acquired based on a warrant supported by probable cause.

On August 3, 2016, Hasbajrami's case was reassigned to Judge Irizarry.

On April 6, 2017, Judge Irizarry denied Hasbajrami's request for Judge Gleeson's Unredacted Opinion. 2017 WL 3610595. In response, Hasbajrami moved for reconsideration of the denial of his request for the Unredacted Opinion on April 17, 2017. On August 22, 2017, Judge Irizarry denied the motion for reconsideration. 2017 WL 3610518.

On August 25, 2017, Hasbajrami appealed. Arguments were heard by the Court of Appeals for the Second Circuit on August 27, 2018.

On December 19, 2019, the Second Circuit Court of Appeals released their opinion. Judge Gerard E. Lynch remanded the proceedings to the district court because there was insufficient information (both in the classified and public record) to determine whether the querying had been reasonable. The court also denied Hasbajrami's request for the unredacted opinion because the limited redacted information "could not have substantially affected [his] due process rights" in the appeal. 945 F.3d 641.

On January 29, 2020, the government filed a motion for the ex parte (meaning only the government would receive the document) disclosure of the unredacted opinion. They argued that the unredacted opinion was necessary so that the government could fully understand the Court's reasoning and thus be better able to comply with implementing Section 702 in the future.

Oral arguments were scheduled for February 26, 2020.

As of March 4, 2020, the case was ongoing.

Summary Authors

Craig Streit (3/9/2017)

Cedar Hobbs (3/4/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4519979/parties/united-states-v-hasbajrami/


Judge(s)

Carney, Susan Laura (Connecticut)

Droney, Christopher Fitzgerald (New York)

Gleeson, John (New York)

Irizarry, Dora L. (New York)

Attorneys(s) for Plaintiff

Amatruda, Matthew S. (New York)

Baldwin, Peter W (New York)

Currie, Kelly T. (New York)

DuCharme, Seth David (New York)

James, David C. (New York)

Kessler, David K. (New York)

Judge(s)

Carney, Susan Laura (Connecticut)

Droney, Christopher Fitzgerald (New York)

Gleeson, John (New York)

Irizarry, Dora L. (New York)

Attorneys(s) for Plaintiff

Amatruda, Matthew S. (New York)

Baldwin, Peter W (New York)

Currie, Kelly T. (New York)

DuCharme, Seth David (New York)

James, David C. (New York)

Kessler, David K. (New York)

Komatireddy, Saritha (New York)

Lynch, Loretta (New York)

Attorneys(s) for Defendant

Bachrach, Michael K. (New York)

Dratel, Joshua L. (New York)

Ennis, Nancy Lee (New York)

Zissou, Steve (New York)

Other Attorney(s)

Caterbone, Stan J. (Pennsylvania)

Gorski, Ashley (New York)

Toomey, Patrick Christopher (New York)

Documents in the Clearinghouse

Document

Docket

USA v. Hasbajrami

Sept. 22, 2017 Docket

Docket

Hasbajrami v. U.S.A

Dec. 19, 2019 Docket

Docket

U. S. Court of Appeals for the Second Circuit

Feb. 24, 2020 Docket
1

Provision of Material Support to Terrorists

USA v. Hasbajrami

Sept. 8, 2011 Other
20

Superseding Indictment

Jan. 26, 2012 Other
39

Sentencing Memorandum

USA v. Hasbajrami

Nov. 21, 2012 Pleading / Motion / Brief
45

Judgment

USA v. Hasbajrami

Jan. 16, 2013 Order/Opinion
65

Letter to Agron Hasbajrami

USA v. Hasbajrami

Feb. 24, 2014 Notice Letter
85

Order

USA v. Hasbajrami

Oct. 2, 2014 Order/Opinion
92

Defendant Agron Hasbajrami's Pretrial Omnibus Motions and Incorporated Memorandum of Law in Support Thereof

USA v. Hasbajrami

Nov. 26, 2014 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4519979/united-states-v-hasbajrami/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

SEALED INDICTMENT as to Agron Hasbajrami (1) count(s) 1. (Bowens, Priscilla) (Entered: 09/09/2011)

Sept. 8, 2011 RECAP
2

Order to Unseal Indictment as to Agron Hasbajrami.. Ordered by Magistrate Judge Roanne L. Mann on 9/9/2011. (Marziliano, August) (Entered: 09/09/2011)

Sept. 9, 2011 RECAP
3

MOTION to Remand Memorandum of Law in Support of the Government's Motion for a Permanent Order of Detention by USA as to Agron Hasbajrami. (DuCharme, Seth) (Entered: 09/09/2011)

Sept. 9, 2011 RECAP
4

Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Arraignment as to Agron Hasbajrami (1) Count 1 held on 9/9/2011, Initial Appearance as to Agron Hasbajrami held on 9/9/2011, Plea entered by Agron Hasbajrami (1) Count 1. by Agron Hasbajrami Not Guilty to count one. Order of Speedy Trial, Start 9/9/11 - Stop 9/29/11. ( Status Conference set for 9/29/2011 11:00 AM in Courtroom 6C South before Judge John Gleeson.) AUSA Seth DuCharme; Defense Counsel, Nancy Ennis. (Tape #3:45 - 3:57.) (Piper, Francine) (Entered: 09/13/2011)

Sept. 9, 2011 RECAP
5

ORDER TO CONTINUE - Ends of Justice as to Agron Hasbajrami Time excluded from 9/9/11 until 9/29/11. (Ordered by Magistrate Judge Lois Bloom on 9/9/2011) (Piper, Francine) (Entered: 09/13/2011)

Sept. 9, 2011 RECAP
6

CJA 20 as to Agron Hasbajrami: Appointment of Attorney Nancy Lee Ennis for Agron Hasbajrami. (Ordered by Magistrate Judge Lois Bloom on 9/9/2011) (Piper, Francine) (Entered: 09/13/2011)

Sept. 9, 2011 RECAP
7

CJA 23 Financial Affidavit by Agron Hasbajrami (Piper, Francine) Modified on 9/13/2011 (Piper, Francine). (Entered: 09/13/2011)

Sept. 9, 2011 PACER
8

ORDER OF DETENTION PENDING TRIAL as to Agron Hasbajrami. ( Ordered by Magistrate Judge Lois Bloom on 9/9/2011) (Piper, Francine) (Entered: 09/13/2011)

Sept. 9, 2011 RECAP
9

NOTICE of Intent to Use Foreign Intelligence Surveillance Act Information as to Agron Hasbajrami (DuCharme, Seth) (Entered: 09/13/2011)

Sept. 13, 2011 RECAP
10

MOTION for Discovery Conference Pursuant to CIPA Section 2 by USA as to Agron Hasbajrami. (DuCharme, Seth) (Entered: 09/29/2011)

Sept. 29, 2011 RECAP
11

Letter re: Government's First Round of Rule 16 Discovery as to Agron Hasbajrami (Amatruda, Matthew) (Entered: 09/29/2011)

Sept. 29, 2011 RECAP
12

Minute Entry for proceedings held before Judge John Gleeson:Status Conference as to Agron Hasbajrami held on 9/29/2011. Order of Speedy Trial,, Code XT, Start 9/29/11 Stop 11/21/11. Parties are beginning discovery and negotiations. ( Status Conference set for 11/21/2011 11:00 AM in Courtroom 6C South before Judge John Gleeson.) AUSA Matthew Amatruda and Seth DuCharme; Defense Counsel, Nancy L. Ennis. (Court Reporter Victoria Butler.) (Piper, Francine) (Entered: 09/30/2011)

Sept. 29, 2011 RECAP
13

PROTECTIVE ORDER PERTAINING TO UNCLASSIFIED INFORMATION as to Agron Hasbajrami (Ordered by Judge John Gleeson on 11/16/2011) (Piper, Francine) (Entered: 11/21/2011)

Nov. 21, 2011 RECAP
14

Minute Entry for proceedings held before Judge John Gleeson: Case called. Defendant Agron Hasbajrami, in custody, appears with counsel Nancy Lee Ennis, Esq. AUSA Seth D. DuCharme appears for the government. Status Conference as to Agron Hasbajrami held on 11/21/2011. The parties are still in negotiations and discovery. The next Status Conference is set for January 25, 2012 at 10:30 AM in courtroom 6C South before Judge John Gleeson. The speedy trial time is excluded until the next conference. (Court Reporter Allan Sherman.) (Lee, Ilene) (Entered: 11/21/2011)

Nov. 21, 2011 RECAP
15

Letter re Supplemental Rule 16 Discovery Produced as to Agron Hasbajrami (DuCharme, Seth) (Entered: 12/28/2011)

Dec. 28, 2011 RECAP
16

Letter MOTION to Appoint Counsel by Agron Hasbajrami. (Piper, Francine) (Entered: 01/04/2012)

Dec. 30, 2011 RECAP
17

Minute Entry for proceedings held before Judge John Gleeson: Case called. Defendant Agron Hasbajrami, in custody, appears with counsel Peter Quijano, Esq. AUSA Matthew Amatruda appears for the government. Albanian Interpreter Dominique Marini present. Status Conference as to Agron Hasbajrami held on 1/12/2012. Pursuant to the issues raised in the defendant's 12/27/2011 letter 16 to the Court about the dialect of the interpreter and his request for new counsel, the Court shall seek a new interpreter that can interpret in the "Tosk" dialect from Tirana, Albania for the next conference. The decision to appoint new counsel is reserved by the Court. The next Status Conference remains set for January 25, 2012 at 10:30 AM in courtroom 6C South before Judge John Gleeson. (Court Reporter Marsha Diamond.) (Lee, Ilene) (Entered: 01/12/2012)

Jan. 12, 2012 RECAP
20

SUPERSEDING INDICTMENT (S-1) as to Agron Hasbajrami (1) count(s) 1s-4s. (Piper, Francine) (Entered: 01/30/2012)

Jan. 26, 2012 RECAP
18

Minute Entry for proceedings held before Judge John Gleeson: Case called. Defendant Agron Hasbajrami, in custody, appears with new counsel Steve Zissou, Esq. AUSA Seth D. DuCharme appears for the government. Albanian (Tosk) Interpreter Drinart Dema present. Status Conference as to Agron Hasbajrami held on 1/27/2012. The new interpreter needs additional time to go over the superseding indictment before interpreting. The arraignment is adjourned to February 2, 2012 at 11:00 AM in courtroom 6C South before Judge John Gleeson. In light of certain CIPA clearance issues and motions, the next Status Conference is set for March 7, 2012 at 11:00 AM in courtroom 6C South before Judge John Gleeson. The speedy trial time is excluded until the March conference date. (Court Reporter Fred Guerino.) (Lee, Ilene) (Entered: 01/27/2012)

Jan. 27, 2012 RECAP
19

Letter re Supplemental Rule 16 Materials Produced as to Agron Hasbajrami (DuCharme, Seth) (Entered: 01/27/2012)

Jan. 27, 2012 RECAP
21

Minute Entry for proceedings held before Judge John Gleeson:Arraignment as to Agron Hasbajrami (1) Count 1s-4s held on 2/1/2012, Plea entered by Agron Hasbajrami Not Guilty to counts 1s-4s. Steps are beginning in order to CIPA clear the interpreter. Parties are still in discovery and negotiations. ( Status Conference set for 3/7/2012 11:00 AM in Courtroom 6C South before Judge John Gleeson.) Order of Speedy Trial, Code XT, Start 2/1/12 - Stop 3/7/12. AUSA Matthew Amatruda and Seth DuCharme; Defense Counsel, Steve Zissou. (Court Reporter Tony Mancuso.) (Piper, Francine) (Entered: 02/01/2012)

Feb. 1, 2012 RECAP
22

Letter re: Supplemental Rule 16 Discovery as to Agron Hasbajrami (Amatruda, Matthew) (Entered: 03/01/2012)

March 1, 2012 RECAP
23

Letter re: Government's Request to Adjourn the Status Conference Currently Scheduled for March 7, 2012 as to Agron Hasbajrami (Amatruda, Matthew) (Entered: 03/02/2012)

March 2, 2012 RECAP
24

Letter re: Proposed Scheduling Order as to Agron Hasbajrami (Attachments: # 1 Proposed Order) (Amatruda, Matthew) (Entered: 03/12/2012)

1 Proposed Order

View on RECAP

March 12, 2012 PACER
25

Minute Entry for proceedings held before Judge John Gleeson: Case called. Defendant Agron Hasbajrami, in custody, appears with counsel Steve Zissou, Esq. AUSA Seth D. DuCharme and AUSA Matthew Amatruda appears for the government. Albanian (Tosk) Interpreter Drinart Dema present. Status Conference as to Agron Hasbajrami held on 3/13/2012. Discussions held regarding the parties' joint proposed motion and trial schedules. The Court directs the government to have all CIPA filings made by 5/22/12. A Jury Selection and Trial date is scheduled on July 16, 2012 at 9:30 AM in courtroom 6C South before Judge John Gleeson. The next Status Conference is set for March 30, 2012 at 11:30 AM in courtroom 6C South before Judge John Gleeson. The speedy trial time is excluded until the next conference. (Court Reporter Allan Sherman.) (Lee, Ilene) (Entered: 03/14/2012)

March 13, 2012 RECAP
26

MOTION for Protective Order Regarding Classified Information by USA as to Agron Hasbajrami. (Attachments: # 1 Exhibit) (DuCharme, Seth) (Entered: 03/23/2012)

1 Exhibit

View on RECAP

March 23, 2012 PACER
27

Protective Order Regarding Classified Information as to Agron Hasbajrami (1).(Ordered by Judge John Gleeson on 3/23/2012) (Piper, Francine) (Entered: 03/23/2012)

March 23, 2012 RECAP
28

Letter regarding Classified Discovery Produced as to Agron Hasbajrami (DuCharme, Seth) (Entered: 03/27/2012)

March 27, 2012 RECAP
29

Letter re Discovery Materials Produced as to Agron Hasbajrami (DuCharme, Seth) (Entered: 03/27/2012)

March 27, 2012 RECAP
30

Letter Regarding Additional Discovery Produced as to Agron Hasbajrami (DuCharme, Seth) (Entered: 03/30/2012)

March 30, 2012 RECAP
31

NOTICE OF ATTORNEY APPEARANCE: Michael K. Bachrach appearing for Agron Hasbajrami (Bachrach, Michael) (Entered: 04/02/2012)

April 2, 2012 RECAP
32

Minute Entry for proceedings held before Judge John Gleeson:Change of Plea Hearing as to Agron Hasbajrami held on 4/12/2012, Plea entered by Agron Hasbajrami (1) Guilty Count 2s. In light of the plea, the trial date scheduled for July 16, 2012 is canceled. The parties are to file a joint or separate submission regarding 6B1.2 by Sept 7, 2012. ( Sentencing set for 9/14/2012 02:00 PM in Courtroom 6C South before Judge John Gleeson.) AUSA Matthew Amatruda and Seth DuCharme. (Court Reporter Marie Foley.) (Piper, Francine) (Entered: 04/13/2012)

April 12, 2012 RECAP
33

Letter re Discovery Produced as to Agron Hasbajrami (DuCharme, Seth) (Entered: 06/18/2012)

June 18, 2012 RECAP
34

Letter dated 6/26/12 from Agron Hasbajrami to Judge Gleeson, enclosing articles regarding the "T-Word". (Attachments: # 1 Newspaper and Magazine Articles) (Piper, Francine) (Entered: 07/09/2012)

July 5, 2012 PACER
35

First MOTION for Extension of Time to File Submission regarding the Court's Acceptance of the Defendant's Guilty Plea, and for Brief Adjournment of Sentencing Date by USA as to Agron Hasbajrami. (DuCharme, Seth) (Entered: 08/30/2012)

Aug. 30, 2012 RECAP
36

MOTION for Extension of Time to File Submission regarding the Court's Acceptance of the Defendant's Guilty Plea, and for Brief Adjournment of Sentencing Date by Agron Hasbajrami. (Bachrach, Michael) (Entered: 10/05/2012)

Oct. 5, 2012 RECAP
37

MOTION for Extension of Time to File sentencing-related submissions and for a similar adjournment of the defendant's sentencing hearing by Agron Hasbajrami. (Bachrach, Michael) (Entered: 11/05/2012)

Nov. 5, 2012 RECAP
38

SENTENCING MEMORANDUM by Agron Hasbajrami (Attachments: # 1 Exhibit A (USSC Article re Measuring Recidivism), # 2 Exhibit B (USSC Article re Recidivism and the First Offender), # 3 Exhibit C (JFA Article)) (Bachrach, Michael) (Entered: 11/21/2012)

1 Exhibit A (USSC Article re Measuring Recidivism)

View on PACER

2 Exhibit B (USSC Article re Recidivism and the First Offender)

View on PACER

3 Exhibit C (JFA Article)

View on PACER

Nov. 21, 2012 PACER
39

SENTENCING MEMORANDUM by USA as to Agron Hasbajrami (DuCharme, Seth) (Entered: 11/21/2012)

Nov. 21, 2012 RECAP
40

SENTENCING MEMORANDUM by USA as to Agron Hasbajrami (DuCharme, Seth) (Entered: 11/21/2012)

Nov. 21, 2012 PACER
41

MOTION to Continue Sentencing due to unavailability of Tosk language interpreter by Agron Hasbajrami. (Bachrach, Michael) (Entered: 12/19/2012)

Dec. 19, 2012 RECAP
43

SENTENCING MEMORANDUM by Agron Hasbajrami (Attachments: # 1 Exhibit English translation of family letters, # 2 Exhibit 7/2/2012 letter from Rasim Hoxha (Defendant's uncle), # 3 Exhibit 7/6/2012 letter from Ahmet Hasbajrami and Meriban Hasbajrami (Defendant's parents)) (Bachrach, Michael) (Entered: 01/07/2013)

1 Exhibit English translation of family letters

View on RECAP

2 Exhibit 7/2/2012 letter from Rasim Hoxha (Defendant's uncle)

View on RECAP

3 Exhibit 7/6/2012 letter from Ahmet Hasbajrami and Meriban Hasbajrami (Defendant&

View on RECAP

Jan. 7, 2013 PACER
44

Minute Entry for proceedings held before Judge John Gleeson:Sentencing held on 1/8/2013 for Agron Hasbajrami (1), Count(s) 1, 1s, 3s-4s, Dismissed on Motion of the United States; Count(s) 2s, Receives 180 months imprisonment; No term of supervised release; $100 special assessment. (Court Reporter Mary Agnes Drury) (Lee, Tiffeny) (Entered: 01/16/2013)

Jan. 8, 2013 RECAP
45

JUDGMENT as to Agron Hasbajrami (1), Count(s) 1, 1s, 3s-4s, Dismissed on Motion of the United States; Count(s) 2s, Receives 180 months imprisonment; No term of supervised release; $100 special assessment. The court recommends incarceration at an FCI as close to the Northeast region as possible. Ordered by Judge John Gleeson on 1/15/2013. (Lee, Tiffeny) (Entered: 01/16/2013)

Jan. 16, 2013 RECAP
47

Letter from Agron Hasbajrami to Judge Gleeson, requesting the return of property. (Piper, Francine) (Entered: 02/27/2013)

Feb. 26, 2013 RECAP
48

Letter Regarding Return of Property as to Agron Hasbajrami (DuCharme, Seth) (Entered: 03/07/2013)

March 7, 2013 RECAP
49

MOTION to Produce by Agron Hasbajrami. (Siegfried, Evan) (Entered: 04/18/2013)

April 18, 2013 RECAP
50

Letter providing the Court with an inventory of material mailed to the defendant today, as per the Court's April 22, 2013 Order as to Agron Hasbajrami (Bachrach, Michael) (Entered: 04/26/2013)

April 26, 2013 RECAP
51

Letter providing the Court with an updated inventory of material mailed to the defendant, as per the Court's April 22, 2013 Order as to Agron Hasbajrami (Bachrach, Michael) (Entered: 05/13/2013)

May 13, 2013 RECAP
52

Letter dated 6/10/13 from Agron Hasbajrami to Judge Gleeson, requesting the return of property. (Attachments: # 1 Mailing Envelope) (Piper, Francine) (Entered: 06/18/2013)

June 17, 2013 PACER
53

Letter re: Response to the Defendant's Request for Return of Property as to Agron Hasbajrami (Attachments: # 1 Exhibit) (Amatruda, Matthew) (Entered: 06/28/2013)

June 28, 2013 PACER
54

Letter dated July 5 2013 from Agron Hasbajrami to Judge Gleeson, requesting access to discovery material. (Piper, Francine) (Entered: 07/16/2013)

July 11, 2013 RECAP
55

Letter regarding Return of Property as to Agron Hasbajrami (DuCharme, Seth) (Entered: 07/26/2013)

July 26, 2013 RECAP
56

Letter dated July 13, 2013 from Agron Hasbajrami to Judge Gleeson, regarding discovery. (Attachments: # 1 Mailing Envelope) (Piper, Francine) (Entered: 07/31/2013)

1 Mailing Envelope

View on RECAP

July 30, 2013 RECAP
57

Letter dated October 4, 2013 from Agron Hasbajrami to Judge Gleeson, requesting copies of sentencing hearing minutes, docket sheets, grand jury transcripts, criminal complaint and pages 288, 289, 290. (Piper, Francine) (Entered: 10/23/2013)

Oct. 23, 2013 RECAP
58

Letter regarding Status of Production of Materials as to Agron Hasbajrami (DuCharme, Seth) (Entered: 11/07/2013)

Nov. 7, 2013 RECAP
59

Letter re Production of Sentencing Minutes as to Agron Hasbajrami (DuCharme, Seth) (Entered: 11/12/2013)

Nov. 12, 2013 RECAP
60

Letter dated November 20, 2013 from Agron Hasbajrami to Clerk's Office, requesting a response to the sentence vacation motion. (Piper, Francine) (Entered: 12/03/2013)

Dec. 3, 2013 RECAP
61

Letter re Attached Copy of Defendant's Motion to Vacate, Set Aside or Correct Sentence and Conviction as to Agron Hasbajrami (Attachments: # 1 Exhibit) (DuCharme, Seth) (Entered: 12/03/2013)

Dec. 3, 2013 PACER
62

Letter dated 12/5/13 to Clerk from Agron Hasbajrami requesting information about his previously filed motion. (Fernandez, Erica) (Entered: 12/19/2013)

Dec. 9, 2013 RECAP
63

Letter dated 12/6/13 to Clerk from Agron Hasbajrami requesting information as to fees paid to the listed CJA attorneys. (Fernandez, Erica) (Entered: 12/19/2013)

Dec. 9, 2013 RECAP
64

STATUS REPORT re: Defendant's Access to Video Materials by USA as to Agron Hasbajrami (Amatruda, Matthew) (Entered: 02/03/2014)

Feb. 3, 2014 RECAP
65

Letter re Supplemental Notification as to Agron Hasbajrami (DuCharme, Seth) (Entered: 02/24/2014)

Feb. 24, 2014 RECAP
66

Letter dated February 12, 2014 from Agron Hasbajrami to Judge Gleeson, requesting a copy of AUSA Ducharme's writing report due to be submitted to court by January 23, 2013. (Piper, Francine) (Entered: 02/25/2014)

Feb. 25, 2014 RECAP
67

Letter re Status Report as to Agron Hasbajrami (DuCharme, Seth) (Entered: 02/25/2014)

Feb. 25, 2014 RECAP
68

(Ex Parte) Letter dated March 6, 2014 from Michael Bachrach to Agron Hasbajrami, in regards to dft's counsel representation. (Attachments: # 1 Sealing Cover Sheet) (Piper, Francine) (Entered: 03/27/2014)

March 27, 2014 PACER
69

Letter updating the Court regarding supplemental FISA notice and other matters as to Agron Hasbajrami (Zissou, Steve) (Entered: 04/02/2014)

April 2, 2014 RECAP
70

Letter -- status update and joint proposed scheduling order as to Agron Hasbajrami (Bachrach, Michael) (Entered: 04/09/2014)

April 9, 2014 RECAP
71

Letter request regarding funding of the defense as to Agron Hasbajrami (Zissou, Steve) (Entered: 04/10/2014)

April 10, 2014 PACER
72

Letter requesting discovery related to the Government's post-sentencing FISA notice as to Agron Hasbajrami (Bachrach, Michael) (Entered: 04/25/2014)

April 25, 2014 RECAP
73

Letter Responding to Discovery Demand as to Agron Hasbajrami (DuCharme, Seth) (Entered: 05/22/2014)

May 22, 2014 RECAP
74

Letter from Agron Hasbajrami to Judge Gleeson, dated May 26, 2014, requesting copies of all orders in this action. (Piper, Francine) (Entered: 06/05/2014)

June 4, 2014 RECAP
75

MOTION for Extension of Time to File FISA-related discovery motion (requesting June 30, 2014 as new deadline) by Agron Hasbajrami. (Bachrach, Michael) (Entered: 06/20/2014)

June 20, 2014 RECAP
76

MOTION for Discovery and incorporated memorandum of law in support thereof by Agron Hasbajrami. (Bachrach, Michael) (Entered: 06/30/2014)

June 30, 2014 RECAP
77

Letter Requesting Extension of Time to File Response to Motion for Discovery as to Agron Hasbajrami (DuCharme, Seth) (Entered: 07/17/2014)

July 17, 2014 RECAP
78

Letter Request to modify the scheduling order as to Agron Hasbajrami (Zissou, Steve) (Entered: 08/04/2014)

Aug. 4, 2014 RECAP
79

MEMORANDUM in Opposition re 76 MOTION for Discovery and incorporated memorandum of law in support thereof (DuCharme, Seth) (Entered: 08/08/2014)

Aug. 8, 2014 RECAP
80

Letter request to modify the scheduling order as to Agron Hasbajrami (Zissou, Steve) (Entered: 08/13/2014)

Aug. 13, 2014 RECAP
81

MOTION for Extension of Time to File classified supplement in further support of Defendant/Petitioner's discovery motion by Agron Hasbajrami. (Bachrach, Michael) (Entered: 09/02/2014)

Sept. 2, 2014 PACER
82

REPLY TO RESPONSE to Motion re 76 MOTION for Discovery and incorporated memorandum of law in support thereof (Bachrach, Michael) (Entered: 09/02/2014)

Sept. 2, 2014 RECAP
83

Letter providing notice that presumptively classified letter was filed with the CIPA Classified Information Security Officer on September 5, 2014 as to Agron Hasbajrami (Bachrach, Michael) (Entered: 09/08/2014)

Sept. 8, 2014 RECAP
84

Letter Confirming that Mr. Hasbajrami intends to withdraw his guilty plea as to Agron Hasbajrami (Zissou, Steve) (Entered: 09/20/2014)

Sept. 20, 2014 RECAP
85

ORDER as to Agron Hasbajrami. This order was entered yesterday in Hasbajrami's collateral attack case, no. 13-cv-6852. The order permits Hasbajrami to withdraw his guilty plea and also reopens this case for further proceedings. Ordered by Judge John Gleeson on 10/3/2014. (Aronoff, Peter) (Entered: 10/03/2014)

Oct. 3, 2014 RECAP
86

Letter dated October 6, 2014 from Agron Hasbajrami, requesting that the court return the $100 fee paid to the court. (Piper, Francine) (Entered: 10/10/2014)

Oct. 9, 2014 RECAP
87

NOTICE OF ATTORNEY APPEARANCE Saritha Komatireddy appearing for USA. (Komatireddy, Saritha) (Entered: 10/28/2014)

Oct. 28, 2014 RECAP
88

Letter re Discovery Produced as to Agron Hasbajrami (Komatireddy, Saritha) (Entered: 10/31/2014)

Oct. 31, 2014 RECAP
89

(Ex Parte) Letter explaining defense funding needs/requests as to Agron Hasbajrami (Zissou, Steve) (Entered: 10/31/2014)

Oct. 31, 2014 PACER
90

Letter requesting amendment to pretrial motion schedule to incorporate deadlines for the filing of amicus briefs as to Agron Hasbajrami (Bachrach, Michael) (Entered: 11/17/2014)

Nov. 17, 2014 RECAP
91

Letter on Behalf of the American Civil Liberties Union Foundation Requesting Leave to File Amicus Brief as to Agron Hasbajrami (Toomey, Patrick) (Entered: 11/21/2014)

Nov. 21, 2014 RECAP
92

MOTION to Suppress (1) THE FRUITS OF FAA SURVEILLANCE DUE TO THE PER SE UNCONSTITUTIONALITY OF THE STATUTE AND ITS APPLICATION HEREIN, (2) THE FRUITS OF FAA SURVEILLANCE IRRESPECTIVE OF THE CONSTITUTIONALITY OF THE STATUTE, (3) THE FRUITS OF FAA SURVEILLANCE BASED UPON OUTRAGEOUS GOVERNMENT CONDUCT, (4) THE DEFENDANTS POST-ARREST STATEMENTS, MOTION for Discovery (5) OF MATERIAL AND INFORMATION NECESSARY TO DETERMINE WHETHER THE GOVERNMENTS SPECIFIC CONDUCT IN THIS CASE VIOLATED THE STATUTORY REQUIREMENTS OF FISA, THE FAA, AND/OR ANY OTHER SURVEILLANCE STATUTE OR PROGRAM RELIED UPON DURING THE INVESTIGATION OF THIS CASE, AS WELL AS TO DETERMINE WHETHER THE GOVERNMENTS SPECIFIC CONDUCT VIOLATED HASBAJRAMIS RIGHT TO DUE PROCESS UNDER THE FIFTH AMENDMENT, (6) FOR AN ORDER DIRECTING THE GOVERNMENT TO IDENTIFY ANY AND ALL WITNESSES THAT IT LEARNED OF DURING, OR AS A RESULT OF, THE INTERROGATION OF THE DEFENDANT, (7) FOR AN ORDER DIRECTING THE GOVERNMENT TO SPECIFY ALL EVIDENCE THAT IS SUBJECT TO SUPPRESSION AND/OR PRECLUSION AS A RESULT OF THE INTERROGATION OF THE DEFENDANT, (8) FOR AN ORDER DIRECTING THE GOVERNMENT TO PROVIDE IMMEDIATE NOTICE OF EXPERT WITNESSES IT INTENDS TO RELY UPON AT TRIAL, (9) FOR IMMEDIATE PRODUCTION OF BRADY/GIGLIO MATERIAL, (10) FOR EARLY DISCLOSURE OF 3500 MATERIAL, (11) FOR NOTICE OF EVIDENCE THE GOVERNMENT INTENDS TO OFFER UNDER FED.R.EVID. 404(b), and, MOTION for Leave to File FURTHER MOTIONS by Agron Hasbajrami. (Bachrach, Michael) (Entered: 11/26/2014)

Nov. 26, 2014 RECAP
93

NOTICE of Appearance on Behalf of Amici Curiae American Civil Liberties Union and Electronic Frontier Foundation as to Agron Hasbajrami (Toomey, Patrick) (Entered: 12/05/2014)

Dec. 5, 2014 RECAP
94

Letter Enclosing Brief of Amici Curiae as to Agron Hasbajrami (Attachments: # 1 Brief of Amici Curiae American Civil Liberties Union and Electronic Frontier Foundation) (Toomey, Patrick) (Entered: 12/05/2014)

Dec. 5, 2014 PACER
95

Letter re Discovery as to Agron Hasbajrami (Komatireddy, Saritha) (Entered: 12/22/2014)

Dec. 22, 2014 RECAP
96

Letter re Discovery as to Agron Hasbajrami (Komatireddy, Saritha) (Entered: 12/23/2014)

Dec. 23, 2014 RECAP
97

RESPONSE in Opposition re 92 MOTION to Suppress (1) THE FRUITS OF FAA SURVEILLANCE DUE TO THE PER SE UNCONSTITUTIONALITY OF THE STATUTE AND ITS APPLICATION HEREIN, (2) THE FRUITS OF FAA SURVEILLANCE IRRESPECTIVE OF THE CONSTITUTIONALITY OF THE STATUTE, (3) THE FRUITS OF FAA SU MOTION for Discovery (5) OF MATERIAL AND INFORMATION NECESSARY TO DETERMINE WHETHER THE GOVERNMENTS SPECIFIC CONDUCT IN THIS CASE VIOLATED THE STATUTORY REQUIREMENTS OF FISA, THE FAA, AND/OR ANY OTHER SURVEILLANCE STATUTE OR PROGRAM RELIED UPON DUR MOTION for Leave to File FURTHER MOTIONS (Attachments: # 1 Exhibit 1) (Komatireddy, Saritha) (Entered: 12/23/2014)

1 Exhibit 1

View on RECAP

Dec. 23, 2014 PACER
98

RESPONSE in Opposition re 92 MOTION to Suppress (1) THE FRUITS OF FAA SURVEILLANCE DUE TO THE PER SE UNCONSTITUTIONALITY OF THE STATUTE AND ITS APPLICATION HEREIN, (2) THE FRUITS OF FAA SURVEILLANCE IRRESPECTIVE OF THE CONSTITUTIONALITY OF THE STATUTE, (3) THE FRUITS OF FAA SU MOTION for Discovery (5) OF MATERIAL AND INFORMATION NECESSARY TO DETERMINE WHETHER THE GOVERNMENTS SPECIFIC CONDUCT IN THIS CASE VIOLATED THE STATUTORY REQUIREMENTS OF FISA, THE FAA, AND/OR ANY OTHER SURVEILLANCE STATUTE OR PROGRAM RELIED UPON DUR MOTION for Leave to File FURTHER MOTIONS (Komatireddy, Saritha) (Entered: 12/24/2014)

Dec. 24, 2014 RECAP
99

Letter dated December 23, 2014 from Agron Hasbajrami to Judge Gleeson, requesting that dft's property be transferred to MDC Brooklyn. (Piper, Francine) (Entered: 12/30/2014)

Dec. 29, 2014 RECAP
100

Letter re Discovery as to Agron Hasbajrami (Komatireddy, Saritha) (Entered: 01/06/2015)

Jan. 6, 2015 RECAP
101

Letter re Discovery as to Agron Hasbajrami (Komatireddy, Saritha) (Entered: 01/08/2015)

Jan. 8, 2015 RECAP
102

Letter regarding Status of Defendant's Property as to Agron Hasbajrami (DuCharme, Seth) (Entered: 01/09/2015)

Jan. 9, 2015 RECAP

State / Territory: New York

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

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

Criminal cases challenging FISA surveillance

Key Dates

Filing Date: Sept. 6, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

This is a criminal case against Defendant Hasbajrami for providing material support to terrorists.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Case Details

Causes of Action:

FISA Title I Warrant (Electronic Surveillance), 50 U.S.C. §§ 1801-1812

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Criminal Conviction

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $200

Issues

General:

Terrorism/Post 9-11 issues

Affected Gender:

Male