Case: United States v. Aws Mohammed Younis Al-Jayab

1:16-cr-00181 | U.S. District Court for the Northern District of Illinois

Filed Date: March 17, 2016

Closed Date: Oct. 31, 2019

Clearinghouse coding complete

Case Summary

This is the eighth time the Justice Department has notified a criminal defendant that evidence being used against him came from a FISA warrantless wiretap, a move that is expected at some point to set up a Supreme Court test of whether such eavesdropping is constitutional. (As explained below, however, this case was resolved by guilty plea and will not be that test case.) All the cases are available in the Foreign Targeting (702, 703, 704) special collection. On January 7, 2016, Aws Mohammed Yo…

This is the eighth time the Justice Department has notified a criminal defendant that evidence being used against him came from a FISA warrantless wiretap, a move that is expected at some point to set up a Supreme Court test of whether such eavesdropping is constitutional. (As explained below, however, this case was resolved by guilty plea and will not be that test case.) All the cases are available in the Foreign Targeting (702, 703, 704) special collection.

On January 7, 2016, Aws Mohammed Younis Al-Jayab was charged in a criminal complaint that was unsealed in the U.S. District Court for the Eastern District of California following his arrest. He was arrested on a federal charge of making a false statement involving international terrorism. He pleaded not guilty to that charge. The court (Judge Sara Ellis) ordered Al-Jayab be held without bail, citing he was a flight risk and danger to the community.

In early March, the FBI requested and was granted access to Al-Jayab’s two cellphones, an iPhone 6S and a Samsung Galaxy S5. FBI agents were reportedly able to bypass the Samsung Galaxy’s security and gain access to multiple Facebook accounts operated by Al-Jayab.

On March 17, 2016, Al-Jayab was indicted by a grand jury in Sacramento in the Northern District of Illinois for attempting to provide material support to acts of violence overseas. The indictment contended that Al-Jayab gave false statements to agents from the U.S. Citizenship and Immigration Services during an interview on October 6, 2014. In the interview, Al-Jayab indicated that he never supported terrorist groups and that the purpose of his trip to Turkey was to visit his grandmother. The California indictment contended that both statements were false.

According to the criminal complaint filed in the Eastern District of California, Al-Jayab is a Palestinian born in Iraq, who came to the United States as an Iraqi refugee in October 2012. Between October 2012 and November 2013, while living in Arizona and Wisconsin, Al-Jayab communicated via social media with numerous individuals about his intention to go to Syria to fight for terrorist organizations. The complaint further alleged that on November 9, 2013, he flew from Chicago to Turkey and then traveled to Syria.

According to the complaint, between November 2013 and January 2014, Al-Jayab reported on social media that he was in Syria fighting with terrorist organizations. Al-Jayab returned to the United States on January 23, 2014, and settled in Sacramento. In 2013, Al-Jayab communicated over social media with fellow U.S.-based Iraqi refugee Omar Faraj Saeed Al Hardan. Al-Jayab spoke to Al Hardan about weapons training, and the two discussed travel to Syria. Al-Jayab bragged about his experience fighting in Syria and promised to teach Al Hardan how to enter Syria and fight with weaponry. Al Hardan was arrested on January 8, 2016.

On April 8, 2016, the U.S. notified the court and defendant, pursuant to 50 U.S.C. 1825(d) and 1881e(a) that it intended to use information "obtained or derived from" physical searches and "acquisitions acquired pursuant to" Section 702. The defendant's lawyer responded in the press that the defendant would ask the court to suppress the evidence, as unconstitutionally derived.

On July 22, 2016, the defendant filed a petition for court appointed counsel, and the court stated that this case was sufficiently complex as to warrant appointment of two attorneys to represent him.

On August 11, 2016, the defendant's attorney informed the court that he has been contacted by a Swiss journalist asking about Al-Jayab’s alleged role in an ISIS plot in Bern, Switzerland. On March 30, 2017, the government provided Swiss documents to the defendant.

On January 16, 2018, the defendant filed a petition to dismiss the indictment based on combatant immunity. The defendant’s attorneys submitted that the doctrine of combatant immunity precludes the domestic prosecution of a lawful combatant who attempted to, or engaged in, recognized hostilities. It was further argued that should the allegations in the indictment be true for the purposes of the motion, the alleged conduct is privileged because the defendant was a protected, lawful combatant as recognized by long-standing common law principles. Moreover, the defendant’s conduct was privileged under international law because the Syrian War was an international armed conflict, or more specifically an internationalized armed conflict, and the defendant was associated with Syrian opposition groups that qualify for combatant immunity under international law.

On June 28, 2018, United States District Judge Sara L. Ellis granted in part the Government’s motion for a protective order under Section 4 of CIPA. The Court also granted in part and denied in part Al-Jayab’s motion for notice of surveillance techniques used during the course of the investigation. The Court held that the Government must provide Al-Jayab with an affidavit in compliance with 18 U.S.C. § 3504. The Court denied Al-Jayab's motion (1) to suppress evidence obtained or derived from warrantless surveillance under Section 702 of the FISA Amendments Act; (2) for disclosure to cleared counsel and objection to secret ex parte ClPA litigation of Fourth Amendment suppression issue, (3) for discovery regarding the intelligence agencies’ surveillance pursuant to Executive Order 12333, (4) to suppress evidence obtained or derived from the physical surveillance conducted pursuant to FISA, and (5) for disclosure of the underlying FISA and § 702 materials. The redacted version of the opinion and order was made public on August 2, 2018.

On October 29, 2018, a Superseding Information was filed by the United States Attorney. In this filing, it was stated that in February 2003, the US Secretary of Treasury designated Ansar Al-Islam was a Specially Designated Global Terrorist under section 1(b) of Executive Order 13224, and in March 2004, the US Secretary of State designated Ansar Al-Islam as a foreign terrorist organization under Section 219 of the Immigration and Nationality Act. The filing further stated that between October 2012 and January 2014, the defendant knowingly provided material support and resources to a foreign terrorist organization (Ansar Al-Islam), knowing that the organization was a designated foreign terrorist organization, and that the organization had engaged in, and was engaging in, terrorist activity and terrorism in violation of 18 U.S.C. § 23398B.

On October 31, 2018, the defendant withdrew his plea of not guilty and entered a plea of guilty to the Superseding Information. The defendant voluntarily pled guilty to knowingly providing material support to a foreign terrorist organisation, and knowingly providing a materially false statement to federal agents in a matter involving international terrorism. The defendant waived in open court prosecution by indictment, and consented to proceeding by information rather than by indictment. A plea agreement was entered into on November 2, 2018. It was agreed that the maximum term of imprisonment for both charges were to be 15 years.

On October 31, 2019, Judge Ellis issued a final judgment on the case. She sentenced the defendant to 5 years in prison and 20 years of parole. The case is now closed.

Summary Authors

Ginny Lee (3/27/2017)

Dawn Lui (11/2/2018)

Ellen Aldin (6/19/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4507991/parties/united-states-v-al-jayab/


Judge(s)

Brennan, Edmund F. (California)

Ellis, Sara Lee (Illinois)

Attorneys(s) for Plaintiff

Jonas, Barry (Illinois)

Lausch, John R. (Illinois)

Pillay, Shoba (Illinois)

Scott, McGregor W. (California)

Thomas, Jill M. (District of Columbia)

Attorneys(s) for Defendant

Durkin, Thomas Anthony (Illinois)

Herman, Joshua G. (Illinois)

Waters, Robin Valentine (Illinois)

Judge(s)

Brennan, Edmund F. (California)

Ellis, Sara Lee (Illinois)

Attorneys(s) for Plaintiff

Jonas, Barry (Illinois)

Lausch, John R. (Illinois)

Pillay, Shoba (Illinois)

Scott, McGregor W. (California)

Thomas, Jill M. (District of Columbia)

Attorneys(s) for Defendant

Durkin, Thomas Anthony (Illinois)

Herman, Joshua G. (Illinois)

Waters, Robin Valentine (Illinois)

Documents in the Clearinghouse

Document

1:16-cr-00181

Docket [PACER]

USA v. Al-Jayab

Nov. 1, 2019

Nov. 1, 2019

Docket

2:16-mj-00001

Criminal Complaint

U.S. District Court for the Eastern District of California

Jan. 6, 2016

Jan. 6, 2016

Complaint

1:16-cr-00181

Press Report

No Court

Jan. 7, 2016

Jan. 7, 2016

Press Release
1

1:16-cr-00181

Indictment

March 17, 2016

March 17, 2016

Other
14

1:16-cr-00181

Notice of Intent to Use Foreign Intelligence Surveillance Act Information

April 8, 2016

April 8, 2016

Notice Letter
115

1:16-cr-00181

Opinion and Order

United States v. Al-Jayab

June 28, 2018

June 28, 2018

Order/Opinion
129

1:16-cr-00181

Plea Agreement

United States v. Al-Jayab

Nov. 2, 2018

Nov. 2, 2018

Settlement Agreement
154

1:16-cr-00181

Judgment in a Criminal Case

Oct. 21, 2019

Oct. 21, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4507991/united-states-v-al-jayab/

Last updated May 29, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

INDICTMENT as to Aws Mohammed Younis Al-Jayab (1) count(s) 1 (las, ) (Entered: 03/17/2016)

March 17, 2016

March 17, 2016

RECAP
3

DESIGNATION Sheet: FELONY (Category 3). (las, ) (Entered: 03/17/2016)

March 17, 2016

March 17, 2016

PACER
4

MINUTE entry before the Honorable Sidney I. Schenkier as to Aws Mohammed Younis Al-Jayab: To issue bench warrant. The government will seek to have the defendant detained without bond pursuant to Title 18 United States Code, Section 3142. Defendant is currently in the custody of the U.S. Marshal's Service in Sacramento California, and will be extradited to the Northern District of Illinois. (las, ) (Entered: 03/17/2016)

March 17, 2016

March 17, 2016

PACER
5

BENCH WARRANT issued to U.S. Marshal as to Aws Mohammed Younis Al-Jayab (las, ) (Entered: 03/17/2016)

March 17, 2016

March 17, 2016

PACER
6

ATTORNEY Appearance for defendant Aws Mohammed Younis Al-Jayab by Thomas Anthony Durkin (Durkin, Thomas) (Entered: 03/29/2016)

March 29, 2016

March 29, 2016

PACER
7

ATTORNEY Appearance for defendant Aws Mohammed Younis Al-Jayab by Robin Valentina Waters (Waters, Robin) (Entered: 03/29/2016)

March 29, 2016

March 29, 2016

PACER
8

MINUTE entry before the Honorable Sara L. Ellis: as to Aws Mohammed Younis Al-Jayab, Arraignment set for 4/8/2016 at 11:30 AM. Mailed notice (rj, ) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

PACER
9

MOTION by USA for protective order as to Aws Mohammed Younis Al-Jayab Government's Unopposed Motion for Entry of Protective Order Governing Discovery (Jonas, Barry) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
10

MOTION by USA for protective order as to Aws Mohammed Younis Al-Jayab Government's Motion for Protective Order Pursuant to Section 3 of the Classified Information Procedures Act (Jonas, Barry) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
11

NOTICE of Motion by Barry Jonas for presentment of motion for protective order 9, motion for protective order 10 before Honorable Sara L. Ellis on 4/8/2016 at 11:30 AM. (Jonas, Barry) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
12

MOTION by USADesignate a Classified Information Security Officer as to Aws Mohammed Younis Al-Jayab (Jonas, Barry) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
13

MOTION by USASet Pretrial Conference as to Aws Mohammed Younis Al-Jayab (Jonas, Barry) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
14

NOTICE of Intent to Use FISA Information by USA as to Aws Mohammed Younis Al-Jayab (Jonas, Barry) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

RECAP
15

PRETRIAL Bail Report as to Aws Mohammed Younis Al-Jayab (SEALED) (MB) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
16

SEALED Document (Jonas, Barry) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
17

SEALED Document (Jonas, Barry) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER

ORAL motion by USA for early return of trial subpoenas as to Aws Mohammed Younis Al-Jayab. (las, )

April 8, 2016

April 8, 2016

PACER
18

ORDER as to Aws Mohammed Younis Al-Jayab (1): Arraignment held. Defendant waives formal reading of Indictment and enters plea of not guilty to Indictment. Government's unopposed motion for entry of protective order governing discovery 9 is granted. Enter Protective Order General and Sensitive Discovery Materials. Government's motion for protective order pursuant to Section 3 of the Classified Information Procedures Act 10 is granted. Enter Protective Order Pursuant to Section 3 of the Classified Information Procedures Act. Government's agreed motion to designate a classified information security officer 12 is granted. Enter Order designating Classified Information Security Officers Daniel O. Hartenstine. The Court further designates the following persons as Alternate Classified Information Security Officers: Joan B. Kennedy, Michael P. Macisso, Maura L. Peterson, Carli V. Rodriguez-Feo, Debra Guerrero Randall, Harry J. Rucker, and W. Scooter Slad. Government's motion for pretrial conference pursuant to the Classified Information Procedures Act and Memorandum of law in Support Thereof 13 is granted. Status hearing set for 6/14/2016 at 10:15 AM. The Court requests that defendant be held in Chicago, Illinois preferably at the Metropolitan Correctional Center. The Court grants oral motion for early return of trial subpoenas as to all parties. Without objection time is excluded from 4/8/2016 to and including 6/14/2016 in the interest of justice, pursuant to 18 U.S.C. §3161(h)(7)(A), (h)(7)(B)(iv) and 18 U.S.C. §3161(h)(7)(B)(ii). Signed by the Honorable Sara L. Ellis on 4/8/16. Mailed notice (las, ) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
19

PROTECTIVE Order General and Sensitive Discovery Materials as to Aws Mohammed Younis Al-Jayab Signed by the Honorable Sara L. Ellis on 4/8/16. Mailed notice (las, ) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
20

PROTECTIVE Order Pursuant to Section 3 of the Classified Information Procedures Act as to Aws Mohammed Younis Al-Jayab Signed by the Honorable Sara L. Ellis on 4/8/16. Mailed notice (las, ) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
21

ORDER Designating Classified Information Security Officers as to Aws Mohammed Younis Al-Jayab Signed by the Honorable Sara L. Ellis on 4/8/16. Mailed notice (las, ) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
24

MEMORANDUM of Understanding as to Aws Mohammed Younis Al-Jayab by Thomas A. Durkin. (las, ) (Entered: 06/17/2016)

April 8, 2016

April 8, 2016

PACER
25

MEMORANDUM of Understanding as to Aws Mohammed Younis Al-Jayab as to Thomas A. Durkin. (las, ) (Entered: 06/17/2016)

April 8, 2016

April 8, 2016

PACER
22

MINUTE entry before the Honorable Sara L. Ellis: as to Aws Mohammed Younis Al-Jayab, Status hearing held on 6/14/2016 and continued to 8/3/2016 at 10:00 AM. Without objection time is excluded from 6/14/2016 to and including 8/3/2016 in the interest of justice, pursuant to 18 U.S.C. §3161(h)(7)(A), (h)(7)(B)(iv) and 18 U.S.C. §3161(h)(7)(B)(ii). Mailed notice (rj, ) (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

PACER
23

ORDER as to Aws Mohammed Younis Al-Jayab: Status hearing held. Government shall file its ex parte CIPA motion by 9/30/2016. Ruling by 11/30/2016. Defendant's statement of defense due by 9/30/2016. Defense motion due by 10/31/2016. Government's ex parte response due by 1/31/2017. Defendant's reply due by 3/17/2017. Ruling on said motion by 5/24/2017. Jury trial set to 10/10/2017 at 9:00 a.m. Signed by the Honorable Sara L. Ellis on 6/14/16. Mailed notice (las, ) (Entered: 06/15/2016)

June 14, 2016

June 14, 2016

PACER
26

BENCH WARRANT returned executed as to Aws Mohammed Younis Al-Jayab on 4/4/16 (las, ) (Entered: 07/08/2016)

July 7, 2016

July 7, 2016

PACER
27

PETITION filed by Aws Mohammed Younis Al-Jayab for Court Appointed Counsel (Unopposed) (Attachments: # 1 Exhibit Ex. 1)(Durkin, Thomas) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

PACER
28

NOTICE of Motion by Thomas Anthony Durkin for presentment of before Honorable Sara L. Ellis on 7/27/2016 at 10:00 AM. (Durkin, Thomas) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

PACER
29

ORDER as to Aws Mohammed Younis Al-Jayab: Defendant's unopposed petition for court appointed counsel 27 is granted. The Court finds Defendant eligible for court appointed counsel and further finds that this case is sufficiently complex as to warrant appointment of two attorneys to represent him. The Court appoints Thomas Durkin and Joshua Herman to represent Defendant and permits the use of court appointed funds for an Arabic translator to review discovery and to assist in consultation with Defendant, his family, and prospective Arabic speaking witnesses. Signed by the Honorable Sara L. Ellis on 7/27/2016. Mailed notice (yap, ) (Entered: 07/28/2016)

July 27, 2016

July 27, 2016

PACER
30

MINUTE entry before the Honorable Sara L. Ellis: as to Aws Mohammed Younis Al-Jayab, Due to scheduling conflict of the Court, Status hearing set for 8/3/2016 is stricken and reset to 8/11/2016 at 1:30 PM. Time is excluded from 8/3/2016 to and including 8/11/2016 in the interest of justice, pursuant to 18 U.S.C. §3161(h)(7)(A), (h)(7)(B)(iv) and 18 U.S.C. §3161(h)(7)(B)(ii). Mailed notice (rj, ) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

PACER
31

MINUTE entry before the Honorable Sara L. Ellis as to Aws Mohammed Younis: Status hearing held. Government's oral motion for extension of time to file ex-parte CIPA motion is granted. Government shall file its ex parte CIPA motion by 12/09/16. Ruling by 02/14/17. Defendant's statement of defense is due by 12/09/16. Defendant's FISA motion is due by 01/13/17. Government's ex parte response is due by 03/24/17. Defendant's reply due by 04/28/17. Ruling by 06/09/17. Status hearing set for 12/06/16 at 1:30 PM. Without objection, time is excluded in the interest of justice pursuant to 18 U.S.C. §3161(h) (7)(A), (h)(7)(B)(iv) and 18 U.S.C. §3161(h)(7)(B)(ii) from 8/11/2016 to and including 10/10/17. Mailed notice. (et, ) (Entered: 08/11/2016)

Aug. 11, 2016

Aug. 11, 2016

PACER
32

MEMORANDUM of understanding as to Joshua G. Herman as to Aws Mohammed Younis Al-Jayab. (las, ) (Entered: 08/12/2016)

Aug. 11, 2016

Aug. 11, 2016

PACER
33

MEMORANDUM of understanding by Joshua G Herman as to Aws Mohammed Younis Al-Jayab (las, ) (Entered: 08/12/2016)

Aug. 11, 2016

Aug. 11, 2016

PACER
34

ORDER as to Aws Mohammed Younis Al-Jayab: Enter CJA Appointment Order Appointing Counsel Under CJA. Enter Order Appointing Interpreter Under CJA. Signed by the Honorable Sara L. Ellis on 8/31/16. Mailed notice (las, ) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
35

CJA ORDER Appointing Counsel Joshua G Herman Under the Criminal Justice Act. Signed by the Honorable Sara L. Ellis on 8/31/16. Mailed notice (las, ) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
36

CJA ORDER Appointing Counsel Thomas Anthony Durkin Under the Criminal Justice Act. Signed by the Honorable Sara L. Ellis on 8/31/16. Mailed notice (las, ) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
37

CJA ORDER Appointing Interpreter Under the Criminal Justice Act Signed by the Honorable Sara L. Ellis on 8/31/16. Mailed notice (las, ) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
38

MINUTE entry before the Honorable Sara L. Ellis: as to Aws Mohammed Younis Al-Jayab. Due to scheduling conflict of the Court, status hearing set for 12/6/2016 is stricken and reset to 12/20/2016 at 10:00 AM. Time is excluded in the interest of justice through trial date pursuant to 18 U.S.C. §3161(h) (7)(A), (h)(7)(B)(iv) and 18 U.S.C. §3161(h)(7)(B)(ii). Mailed notice (rj, ) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
39

MINUTE entry before the Honorable Sara L. Ellis: as to Aws Mohammed Younis Al-Jayab, TIME CHANGE: Status hearing set for 12/20/2016 at 1:30 PM. Mailed notice (rj, ) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
40

MINUTE entry before the Honorable Sara L. Ellis:as to Aws Mohammed Younis Al-Jayab. At the joint request of the parties, the Government shall file its ex parte CIPA motion by 1/20/17. Ruling by 3/28/17. Defendant's statement of defense is due by 1/20/17. Mailed notice (rj, ) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

PACER
41

BENCH WARRANT returned executed as to Aws Mohammed Younis Al-Jayab on 4/4/16 (las, ) (Entered: 12/19/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
42

MINUTE entry before the Honorable Sara L. Ellis: as to Aws Mohammed Younis Al-Jayab, Status hearing held on 12/20/2016. Status hearing set for 2/28/2017 at 11:00 AM to decide on whether to keep the trial date and report on the release of the Swiss documents. Time is excluded in the interest of justice through trial date pursuant to 18 U.S.C. §3161(h) (7)(A), (h)(7)(B)(iv) and 18 U.S.C. §3161(h)(7)(B)(ii). Mailed notice (rj, ) (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

PACER
43

MINUTE entry before the Honorable Sara L. Ellis: as to Aws Mohammed Younis Al-Jayab, Defendant's FISA motion is due by 3/14/17. Government's ex parte response is due by 5/23/17. Defendant's reply due by 6/27/17. Ruling date set for 8/8/17 at 10:00 AM. Mailed notice (rj, ) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER
44

MINUTE entry before the Honorable Sara L. Ellis: as to Aws Mohammed Younis Al-Jayab, Government shall file its ex parte CIPA motion by 3/14/17. Defendant's statement of defense is due by 3/14/17. Status hearing set for 8/8/2017 at 10:00 AM for ruling. Mailed notice (rj, ) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
45

MINUTE entry before the Honorable Sara L. Ellis: as to Aws Mohammed Younis Al-Jayab, Status hearing reset for 2/28/2017 at 12:00 PM. Mailed notice (rj, ) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
46

MINUTE entry before the Honorable Sara L. Ellis: as to Aws Mohammed Younis Al-Jayab, Status hearing held on 2/28/2017. Status hearing set for 3/30/2017 at 1:30 PM. Government reports that Swiss government has not agreed with release of Swiss documents. If Swiss documents are not released, a representative from the Department of Justice is ordered to appear in person on 3/30/2017 at 1:30 PM to report to the Court. Jury Trial set for 2/12/2018 at 9:00 AM. Final Pretrial Conference set for 1/22/2018 at 1:30 PM. Without objection, time is excluded in the interest of justice through trial date pursuant to 18 U.S.C. §3161(h) (7)(A), (h)(7)(B)(iv) and 18 U.S.C. §3161(h)(7)(B)(ii). Mailed notice (rj, ) (Entered: 02/28/2017)

Feb. 28, 2017

Feb. 28, 2017

PACER
47

MOTION by Aws Mohammed Younis Al-Jayab to suppress Evidence Obtained or Derived From Warrantless Surveillance Under Section 702 of the FISA Amendments Act (Durkin, Thomas) (Entered: 03/14/2017)

March 14, 2017

March 14, 2017

PACER
48

MEMORANDUM by Aws Mohammed Younis Al-Jayab in support of MOTION by Aws Mohammed Younis Al-Jayab to suppress Evidence Obtained or Derived From Warrantless Surveillance Under Section 702 of the FISA Amendments Act 47 (Durkin, Thomas) (Entered: 03/14/2017)

March 14, 2017

March 14, 2017

PACER
49

MOTION by Aws Mohammed Younis Al-Jayab for leave to file brief in excess of fifteen pages (Dkt. #48) (Durkin, Thomas) (Entered: 03/14/2017)

March 14, 2017

March 14, 2017

PACER
50

MOTION by Aws Mohammed Younis Al-Jayab for disclosure Defendant's Objection to Secret Ex Parte CIPA Litigation of Fourth Amendment Suppression Issues And Motion for Disclosure to Cleared Counsel (Attachments: # 1 Exhibit A)(Durkin, Thomas) (Entered: 03/14/2017)

March 14, 2017

March 14, 2017

PACER
51

MOTION by Aws Mohammed Younis Al-Jayab for discovery Regarding the Intelligence Agencies' Surveillance Pursuant to Executive Order 12333 (Attachments: # 1 Exhibit A)(Durkin, Thomas) (Entered: 03/14/2017)

1 Exhibit A

View on PACER

March 14, 2017

March 14, 2017

PACER
52

MOTION by Aws Mohammed Younis Al-Jayab for disclosure Defendant's Motion for Notice of Surveillance Techniques Used During the Course of the Investigation (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Durkin, Thomas) (Entered: 03/14/2017)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

March 14, 2017

March 14, 2017

PACER
53

MOTION by Aws Mohammed Younis Al-Jayab for leave to file brief in excess of fifteen pages (Dkt. #50, #52) (Durkin, Thomas) (Entered: 03/14/2017)

March 14, 2017

March 14, 2017

PACER
54

SEALED MOTION by Aws Mohammed Younis Al-Jayab Defendant's Ex Parte and Under Seal Memorandum of Defense (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Durkin, Thomas) (Entered: 03/14/2017)

March 14, 2017

March 14, 2017

PACER
55

MOTION by USA for protective order as to Aws Mohammed Younis Al-Jayab (Attachments: # 1 Text of Proposed Order)(Pillay, Shoba) (Entered: 03/14/2017)

March 14, 2017

March 14, 2017

PACER
56

SEALED MOTION by Aws Mohammed Younis Al-Jayab Defendant's Ex Parte and Under Seal Motion for Authorization of Interim Payments and for Excess Compensation (Attachments: # 1 Exhibit A)(Durkin, Thomas) (Entered: 03/14/2017)

March 14, 2017

March 14, 2017

PACER
57

MINUTE entry before the Honorable Sara L. Ellis: Defendant's motion for leave to exceed Local Rule page limit 49 is granted. Defendant's motion for leave to file necessary pleadings concerning surveillance issues and CIPA, and for leave to exceed Local Rule page limit 53 is granted. The briefing schedule on 50, 51, and 52 will follow the FISA briefing schedule with the government's responses due by 5/23/17, defendant's replies due by 6/27/17 and a ruling date set for 8/8/17 at 10:00 AM. Mailed notice (rj, ) (Entered: 03/29/2017)

March 29, 2017

March 29, 2017

RECAP
58

MINUTE entry before the Honorable Sara L. Ellis: as to Aws Mohammed Younis Al-Jayab, Status hearing set for 3/30/2017 at 1:30 PM to stand. Mailed notice (rj, ) (Entered: 03/29/2017)

March 29, 2017

March 29, 2017

RECAP
59

MINUTE entry before the Honorable Sara L. Ellis: as to Aws Mohammed Younis Al-Jayab, Status hearing held on 3/30/2017. Government provided Swiss documents to Defendant. Parties agree to briefing schedule for defense motions. Status hearing set for 4/18/2017 at 12:00 PM. Mailed notice (rj, ) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

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60

MINUTE entry before the Honorable Sara L. Ellis: as to Aws Mohammed Younis Al-Jayab, Status hearing held on 4/18/2017. The Court grants Defendant's motion to appoint Dr. Stephen Xenakis. Without objection, time is excluded in the interest of justice through trial date pursuant to 18 U.S.C. §3161(h) (7)(A), (h)(7)(B)(iv) and 18 U.S.C. §3161(h)(7)(B)(ii). Mailed notice (rj, ) (Entered: 04/19/2017)

April 18, 2017

April 18, 2017

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61

MOTION by USA for leave as to Aws Mohammed Younis Al-Jayab to File a Brief in Excess of 15 Pages (Pillay, Shoba) (Entered: 05/17/2017)

May 17, 2017

May 17, 2017

PACER
62

NOTICE of Motion by Shoba Pillay for presentment of motion for leave to 61 before Honorable Sara L. Ellis on 5/24/2017 at 10:00 AM. (Pillay, Shoba) (Entered: 05/17/2017)

May 17, 2017

May 17, 2017

PACER
63

RESPONSE by USA to MOTION by Aws Mohammed Younis Al-Jayab for disclosure Defendant's Motion for Notice of Surveillance Techniques Used During the Course of the Investigation 52, MOTION by Aws Mohammed Younis Al-Jayab to suppress Evidence Obtained or Derived From Warrantless Surveillance Under Section 702 of the FISA Amendments Act 47, memorandum in support, 48, MOTION by Aws Mohammed Younis Al-Jayab for discovery Regarding the Intelligence Agencies' Surveillance Pursuant to Executive Order 12333 51 (Attachments: # 1 Exhibit 1)(Jonas, Barry) (Entered: 05/23/2017)

1 Exhibit 1

View on RECAP

May 23, 2017

May 23, 2017

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64

MINUTE entry before the Honorable Sara L. Ellis: Government's unopposed motion to file brief in excess of fifteen pages 61 is granted. No appearance required, 5/24/17. Mailed notice (rj, ) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
65

MOTION by Aws Mohammed Younis Al-Jayab for extension of time to file any replies in support of his pretrial motions (UNOPPOSED) (Herman, Joshua) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
66

NOTICE of Motion by Joshua G. Herman for presentment of motion for extension of time 65 before Honorable Sara L. Ellis on 6/22/2017 at 01:45 PM. (Herman, Joshua) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

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67

MINUTE entry before the Honorable Sara L. Ellis as to Aws Mohammed Younis Al-Jayab: Defendant's unopposed motion for an extension of time to file any replies in support of his pretrial pleadings 65 is granted. Defendant's replies are due by 7/7/17. Ruling date of 8/8/17 to stand. Mailed notice (rj, ) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

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68

ATTORNEY Appearance for defendant Aws Mohammed Younis Al-Jayab by Anthony Matthew Durkin (Durkin, Anthony) (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

PACER
69

Removed per court order dated 9/29/17. (Herman, Joshua) (Main Document 69 replaced on 9/29/2017) (sm, ). Modified on 9/29/2017 (sm, ). (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

PACER
70

MOTION by Aws Mohammed Younis Al-Jayab for leave to file brief in excess of fifteen pages (Unopposed) (Herman, Joshua) (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

PACER
71

NOTICE of Motion by Joshua G. Herman for presentment of motion for leave to file excess pages 70 before Honorable Sara L. Ellis on 7/18/2017 at 10:00 AM. (Herman, Joshua) (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

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72

MINUTE entry before the Honorable Sara L. Ellis as to Aws Mohammed Younis Al-Jayab: Defendant's unopposed motion to exceed Local Rule page limit 70 is granted. No appearance required, 7/18/2017. Mailed notice (rj, ) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

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73

MINUTE entry before the Honorable Sara L. Ellis:as to Aws Mohammed Younis Al-Jayab, Status hearing set for 8/8/2017 is stricken and reset for 9/19/2017 at 10:15 AM. Mailed notice (rj, ) (Entered: 07/25/2017)

July 25, 2017

July 25, 2017

PACER
74

MINUTE entry before the Honorable Sara L. Ellis: as to Aws Mohammed Younis Al-Jayab, Status hearing set for 9/19/2017 is stricken. In Court hearing set for 9/29/2017 at 3:00 PM. Mailed notice (rj, ) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

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75

MINUTE entry before the Honorable Sara L. Ellis: as to Aws Mohammed Younis Al-Jayab, Due to scheduling conflict of the Court, In Court hearing set for 9/29/2017 is stricken and reset for 10/11/2017 at 1:30 PM. Mailed notice (rj, ) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

PACER
76

MINUTE entry before the Honorable Sara L. Ellis:as to Aws Mohammed Younis Al-Jayab. The government is ordered to provide a response to Defendant's request for disclosure of FAA and FISA materials, raised at p. 8-21 of Defendant's Consolidated Reply 69, by 10/10/17. Mailed notice (rj, ) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
77

MINUTE entry before the Honorable Sara L. Ellis: Docket entry 69 and the attachment associated with this entry are stricken. The Clerk of the Court is directed to remove docket entry 69 and the associated attachment. Counsel is ordered to refile the documents following the correct procedure. Mailed notice (tmh, ) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
78

REPLY by Aws Mohammed Younis Al-Jayab to response,, 63 (Herman, Joshua) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

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79

RESPONSE by USA to reply 78 (Jonas, Barry) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

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80

MINUTE entry before the Honorable Sara L. Ellis: as to Aws Mohammed Younis Al-Jayab, In court hearing held on 10/11/2017. In Court hearing set for 10/19/2017 at 3:00 PM. Defendant's motion on combatant immunity is due November 13, 2017, the government's response is due November 27, and the defendant's reply is due December 4, 2017. Oral motion by United States for early return of trial subpoenas is granted as to both parties. Mailed notice (rj, ) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

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81

TRANSCRIPT OF PROCEEDINGS as to Aws Mohammed Younis Al-Jayab held on 10/11/17, before the Honorable Sara L. Ellis. Order Number: 28648. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov.<P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 11/8/2017. Redacted Transcript Deadline set for 11/20/2017. Release of Transcript Restriction set for 1/16/2018. (Fennell, Kathleen) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

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82

MINUTE entry before the Honorable Sara L. Ellis: as to Aws Mohammed Younis Al-Jayab, In court hearing held on 10/19/2017. In Court hearing set for 11/9/2017 at 3:00 PM. Without objection, exclusion of time continues through trial date. Mailed notice (rj, ) (Entered: 10/20/2017)

Oct. 19, 2017

Oct. 19, 2017

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83

MINUTE entry before the Honorable Sara L. Ellis: as to Aws Mohammed Younis Al-Jayab, CIPA (ex parte) hearing with the government set for 11/3/2017 at 10:00 AM. Mailed notice (rj, ) (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

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84

NOTICE of Intent to Use Foreign Records of Regularly Conducted Activity Pursuant to 18 U.S.C. 3505 by USA as to Aws Mohammed Younis Al-Jayab (Jonas, Barry) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

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85

MINUTE entry before the Honorable Sara L. Ellis: as to Aws Mohammed Younis Al-Jayab, In Chambers Conference held on 11/3/2017. CIPA hearing with the United States set for 11/17/2017 at 10:00 AM. Mailed notice (rj, ) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

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86

MINUTE entry before the Honorable Sara L. Ellis: as to Aws Mohammed Younis Al-Jayab, Status hearing held on 11/9/2017. Final pretrial conference set for 1/22/2018 is stricken. Jury Trial set 2/12/2018 is stricken and reset for 9/17/2018 at 9:00 AM (counsel to report at 8:30am). Defendant's motion on combatant immunity is due 1/16/2018, the government's response is due 2/20/2018, and the defendant's reply is due 3/6/2018. Ruling on defendant's motion on combatant immunity set for 5/8/2018 at 10:00 am. Without objection, time is excluded in the interest of justice through 9/17/2018 pursuant to 18 U.S.C. §3161(h) (7)(A), (h)(7)(B)(iv) and 18 U.S.C. §3161(h)(7)(B)(ii). Mailed notice (rj, ) Modified on 11/13/2017 (rj, ). (Entered: 11/13/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
87

MINUTE entry before the Honorable Sara L. Ellis: as to Aws Mohammed Younis Al-Jayab, CIPA hearing with the government set for 11/17/2017 is stricken and reset for 12/1/2017 at 10:30 AM. Mailed notice (rj, ) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
89

MINUTE entry before the Honorable Sara L. Ellis: as to Aws Mohammed Younis Al-Jayab, CIPA hearing with the government held on 12/1/2017. Mailed notice (rj, ) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

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90

SEALED ORDER as to Aws Mohammed Younis Al-Jayab. Signed by the Honorable Sara L. Ellis on December 11, 2017. Mailed notice (td, ) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

PACER
91

MOTION by Aws Mohammed Younis Al-Jayab to dismiss the Indictment Based on Combatant Immunity (Herman, Joshua) (Entered: 01/16/2018)

Jan. 16, 2018

Jan. 16, 2018

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92

Brief by Aws Mohammed Younis Al-Jayab regarding motion to dismiss 91 Memorandum of Law in Support of Motion to Dismiss the Indictment Based on Combatant Immunity (Herman, Joshua) (Entered: 01/16/2018)

Jan. 16, 2018

Jan. 16, 2018

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93

MOTION by Aws Mohammed Younis Al-Jayab for leave to file brief in excess of fifteen pages (Herman, Joshua) (Entered: 01/17/2018)

Jan. 17, 2018

Jan. 17, 2018

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94

NOTICE of Motion by Joshua G. Herman for presentment of motion for leave to file excess pages 93 before Honorable Sara L. Ellis on 1/25/2018 at 01:45 PM. (Herman, Joshua) (Entered: 01/17/2018)

Jan. 17, 2018

Jan. 17, 2018

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95

MINUTE entry before the Honorable Sara L. Ellis: Motion for leave to file in excess of 15 pages 93 is granted as to Aws Mohammed Younis Al-Jayab. Mailed notice (rj, ) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
96

MOTION by USA for extension of time as to Aws Mohammed Younis Al-Jayab (UNOPPOSED) (Jonas, Barry) (Entered: 02/16/2018)

Feb. 16, 2018

Feb. 16, 2018

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97

NOTICE of Motion by Barry Jonas for presentment of motion for extension of time 96 before Honorable Sara L. Ellis on 2/22/2018 at 01:45 PM. (Jonas, Barry) (Entered: 02/16/2018)

Feb. 16, 2018

Feb. 16, 2018

PACER
98

MINUTE entry before the Honorable Sara L. Ellis as to Aws Mohammed Younis Al-Jayab (1) : Government's unopposed motion for extension of time 96 is granted. Government's response to motion to dismiss is due by 4/20/18 and Defendant's reply is due by 5/11/18. The Court strikes the ruling date of 5/8/18 and resets it to 7/31/18 at 10:00 AM. Mailed notice (rj, ) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

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99

MOTION by Aws Mohammed Younis Al-Jayab for leave to file supplemental authorities (Attachments: # 1 Exhibit 1)(Durkin, Thomas) (Entered: 04/04/2018)

1 Exhibit 1

View on RECAP

April 4, 2018

April 4, 2018

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100

NOTICE of Motion by Thomas Anthony Durkin for presentment of motion for leave to 99 before Honorable Sara L. Ellis on 4/11/2018 at 10:00 AM. (Durkin, Thomas) (Entered: 04/05/2018)

April 5, 2018

April 5, 2018

PACER
101

MINUTE entry before the Honorable Sara L. Ellis: as to Aws Mohammed Younis Al-Jayab. Defendant's motion for leave to file supplemental authorities is granted. The Court grants the government until 5/11/18 to file a response to the supplemental authorities cited by Defendant. No appearance required, 4/11/2018. Mailed notice (rj, ) (Entered: 04/10/2018)

April 10, 2018

April 10, 2018

PACER

Case Details

State / Territory: Illinois

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: March 17, 2016

Closing Date: Oct. 31, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Aws Mohammed Younis Al-Jayab, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Criminal Conviction

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Issues

General:

International law

Terrorism/Post 9-11 issues