Here's an interesting development in the case of United States v. Khaled Al Fawwaz and Anas Al Liby in U.S. District Court in Manhattan. The court entered a scheduling order on motions regarding admissibility at trial of "documents recovered during the May 2, 2011 raid of Usama bin Laden's Abbottabad, Pakistan compound." The text of the order follows the break.
I have the government's motion but not al Fawwaz's motion. That is probably one of the many sealed documents not available to the public. The government's motion says,
I have the government's motion but not al Fawwaz's motion. That is probably one of the many sealed documents not available to the public. The government's motion says,
The Abbottabad Letters--including two authored by the defendant, himself--reflect his continued active participation in al Qaeda following eight years of incarceration in Iran. The Letters constitute powerful, direct, proof of al Qaeda's conspiracies to bomb and kill Americans, as well as Anas al Liby's knowing and intentional participation in them. Indeed, one can scarcely conceive of more powerful uncharged-acts proof than recent correspondence among bin Laden, his chief deputy, and the defendant about the defendant's continued participation in al Qaeda--including a 2010 letter from the defendant to bin Laden in which the defendant "ask[s] God to reunite me with you soon under the banner of Islam and the Islamic state and the banner of jihad." That is particularly true where, as here, the defendant's state of mind will be a central issue in dispute.The legal argument relates to admissibility of "other acts" evidence under Federal Rule of Evidence 404(b). The background paragraph begins with this statement:
On May 2, 2011, U.S. forces conducted an operation that resulted in the death of al Qaeda leader, and (formerly) charged co-defendant, Usama bin Laden.I like that "(formerly)." This is technically known in the trade as "mootness."
The text of the order:
The government has moved in limine for a determination that six documents recovered during the May 2, 2011 raid of Usama bin Laden's Abbottabad, Pakistan compound are admissible at trial. Defendant al Fawwaz has moved in limine to preclude introduction in evidence of sixteen documents recovered in the same raid, including the six documents that are the subject of the government's motion. Counsel for defendant al Liby evidently intends to oppose the government's motion. In order to facilitate the timely hearing and disposition of these issues in view of the commencement of the trial on January 12, 2015, it is hereby ORDERED, as follows: 1. All papers in opposition to each of these motions, respectively, shall be served and filed no later than December 23, 2014. 2. all reply papers in support of each of these motions, respectively, shall be served and filed no later than December 30, 2014. 3. The Court will hear argument on the motions on January 6, 2015, at 10 a.m. 4. Counsel shall make appropriate arrangements by the close of business on December 23, 2014 for the receipt by chambers staff on December 30, 2014, a date on which chambers otherwise will be closed, of any reply papers that are to be filed under seal.
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