Tag: Najibullah Zazi (page 2)

Mohammed Zazi, the father of Najibullah Zazi, pleaded not guilty to a charge he conspired to obstruct the grand jury investigation into his son's alleged terror-related activities. According to the Indictment, the object of the conspiracy was to destroy or conceal items such as glasses and chemicals to impair their availability to the grand jury.

Mr. Zazi was ordered held without bond today, but the Judge said his lawyers could reopen the matter and submit a bond application and package either to the Magistrate Judge or the District Court Judge. His lawyer said she had not prepared a bond package, probably because she had just been appointed. The Judge did not detain Mr. Zazi as a danger to the community, only as a flight risk, since he hadn't presented sufficient sureties to assure his future appearance. (Order here, Minutes of hearing here.) [More...]

Mohammed Wali Zazi, father of Najibullah Zazi, has been charged in an Indictment in the Eastern District of New York with conspiracy to obstruct justice. The basis of the charge is an alleged conspiracy in September, 2009 to hide or destroy objects such as liquid chemicals and containers to prevent them from being available to the grand jury or other official proceeding.

Here's the Indictment. The elder Zazi, who has been on bond in Denver while awaiting trial on charges he made false statements to federal agents investigating his son last summer, was expected to appear in federal court in Denver today. The Denver Post reports prosecutors moved to dismiss the Denver case against him today. According to the court docket, the judge has granted the Government's motion. So no more Denver case, and he's no longer on bond. The New York Times says Zazi has been taken into custody and will have a removal hearing in Denver later today.

It's also being reported that Zazi's uncle, Naqib Jaji, was recently charged in the case. [More...]

Adis Medunjanin, 25, a U.S. citizen of Bosnian origin and Zarein Ahmedzay, a 24-year-old man of Afghani origin, both high school buddies of Najibullah Zazi, the 24 year old arrested last summer in Denver and charged with terror offenses, have been charged in federal court in Brooklyn with crimes related to Zazi.

At a Saturday arraignment at Brooklyn federal court, Medunjanin was charged with one count of conspiracy to commit murder in a foreign country, Pakistan, and one count of getting military-style training from al Qaeda.

...Zarein Ahmedzay, a 24-year-old man of Afghani origin, also was arrested on Friday and pleaded not guilty to a charge of making false statements to the FBI -- specifically, that he lied about where he had visited in Pakistan and Afghanistan.

This has probably been brewing for a while as according to docket information on PACER, the Government advised the court in Zazi's case on December 3, 2009 that there likely will be a superseding Indictment. The next conference is set for Feb. 25. [more...]

A preliminary hearing was scheduled tomorrow for Mohammed Zazi, father of Najibullah Zazi. The Grand Jury returned an Indictment against him today, which means there won't be a prelim. Fed. R. Crim. P. 5.1(a)(2) provides that a defendant=s right to a preliminary hearing does not apply in a case where the defendant is charged by indictment.

The Indictment charges Zazi with one count of making a false statement to the FBI on September 16, 2009:

...defendant ZAZI denied that he spoke with anyone by telephone regarding whether Najibullah Zazi was in any trouble, when, in fact, on or about September 11, 2009, defendant ZAZI did speak by telephone with a person regarding whether Najibullah Zazi was in any trouble.

[More...]

According to reporter Cara DeGette, Michael Dowling, co-counsel for terror suspect Najibullah Zazi, has applied to the Court to have the federal government pick up the cost of expenses related with the case.

The legal team has applied for federal funding to defray what will likely be a costly defense he said.

I'm not surprised. As I wrote here,

Aside from legal fees, ....who will help Folsom pay the cost of experts needed to assist the defense? Handwriting computer, fingerprint, explosive and terrorism experts will be required, at a minimum. Most lawyers would also use a jury selection expert. Zazi's father has the public defender, so his family isn't footing the bill.

[More...]

Mohammed Zazi, father of Najibullah Zazi, remains on bond in Colorado where he is charged with lying to federal agents about conversations he had with Iman Ahmad Wais Afzali of Queens, NY. (Complaint here.)

The grand jury in Colorado hasn't met yet, and until they do, Zazi is entitled to a preliminary hearing. It was set for October 9, but on September 21, the Government filed a notice that it intends to use information against Zazi that was obtained by FISA wiretaps and electronic and physical searches.

Zazi's federal public defender, Ed Harris, filed a motion Friday seeking disclosure of major categories of information. If the matters are sensitive to national security, he is requesting the Judge review them. He's also asking that the preliminary hearing set for Oct. 9 be transferred from the Magistrate Judge to the District Court Judge. [More...]

Najibullah Zazi pleaded not guilty today to a charge of conspiring to use weapons of mass destruction. He will be detained pending trial. The Court declared the case complex, taking it outside of speedy trial limits. The next hearing is December 3, 2009.

Zazi's lawyer, Michael Dowling of Denver, who is licensed to practice in New York state and federal courts, told the media after the hearing (video here)that he hasn't seen any evidence that Zazi conspired with anyone else to commit an unlawful act. He said that traveling to Pakistan and buying products which contain chemicals that allegedly could be used to make explosives do not establish a conspiracy. He said while he hasn't seen all of the Government's evidence, he hasn't seen anything identifying any individuals with whom Zazi allegedly conspired. [More...]

President Obama called NYPD Commissioner Ray Kelly today to thank him for "thwarting the terror plot that targeted the city's subway system, police said."

Obama expressed his "appreciation and admiration" for the NYPD's effort in stopping the attack, sources said.

Except, there was no known plot to target the city's subway system. The Feds have consistently said they have no evidence Nabijullah Zazi was planning an imminent attack, and if he was, where it was to take place, what he was targeting or when.

"Nothing in the bulletins references the current investigation," a Federal Bureau of Investigation issued spokesman said Tuesday. Investigators still don't have specific evidence indicating an imminent threat to particular targets in the alleged plot, federal officials said.

They are speculating Zazi was planning something for Sept. 11, but don't know that. Big difference. No one has a clue what Zazi was up to with his chemicals. September 11 came and went with Zazi in New York and there was no attack. And, as to thanking the NYPD, had they not blown it by alerting the Iman who notified Zazi's father he was being watched, the feds might have a lot more information than they do now. [More....]

Najibullah Zazi, who was ordered detained pending trial in NY and flown to NY today, will be housed in solitary confinement in a maximum security wing at the Metropolitan Detention Center in Brooklyn.

His lawyer, Arthur Folsom, who has never defended a client in federal court and who allowed him to be questioned for 23 hours by the FBI last week, told the Court in Denver today that he and another Colorado lawyer (who practiced in New York more than 20 years ago) will continue to represent Zazi in the NY case -- the case in which he is charged with a terrorism offense carrying a potential life penalty. The Magistrate Judge in Colorado confirmed this with Zazi, asking him whether he wanted a public defender to be appointed in NY. Zazi declined, stating he intended to keep his present counsel.

So Arthur Folsom and his new co-counsel will be traveling back and forth to NY to represent Zazi. (Only the co-counsel will appear Tuesday, presumably because it will take longer than that for Folsom to submit all the paperwork to get admitted to practice in federal court in NY or even admitted pro hac vice.) [More...]

Magistrate Judge Craig Shaffer today denied bond for Najibullah Zazi on the New York Indictment charging him with conspiracy to use weapons of mass destruction. He granted the request filed by the Government yesterday to dismiss the Colorado false statements charge. Arguing against bond, AUSA Tim Neff told the Court:

"(The evidence) suggested the defendant was intent on making a bomb and being in New York on 9/11 for the purpose of using such an item."

His lawyer, Arthur Folsom, argued the opposite:

"He was there on September 11. The entire time on September 11 and nothing happened," Folsom said.

Having denied bond, the Court ordered Zazi transferred to New York to face trial on its Indictment. The Colorado case is over as to him. The false statement charge against his father, Mohammed Zazi, is still pending. The next hearing in that case is October 9. The elder Zazi was released on bail yesterday.

Bump and Update: The New York Defendant, Iman Ahmad Afzali, has been ordered released on 1.5 million bail. His friends and relatives will be posting real property.

Najibullah Zazi has been indicted for conspiracy to use weapons of mass destruction in New York. He will be transferred imminently. CBS' Rick Sallinger called this the other day.

The new charge carries a possible life sentence, and the sentencing guidelines provide for a life sentence. The one-count Indictment is here and the Memorandum Suppporting Detention is here.

It contains new details alleging Zazi purchased large amounts of chemicals in Aurora, CO, rented a hotel suite on two occasions where they believe he tested them and made phone calls inquiring about instructions. [More...]

The Denver Post reports the apartment complex where Najiboullah Zazi and his family live have started eviction proceedings against the family.

An apartment worker driving a golf cart, who identified himself only as Jim, said he posted the notice Tuesday afternoon due, in part, to concerns that people whose names were not on the lease have been living in the Zazi apartment.

Mohammed Zazi, was ordered released on Monday subject to electronic home monitoring. The U.S. Marshal's Service today said Mohammed Zazi is unlikely to be released before tomorrow's hearing. It's unknown if the eviction order will affect the release order. Arthur Folsom, Najibullah's attorney and PR spokesperson were unaware of the eviction notice when contacted.

Rutabaga Ridgepole at TPM Muckraker today writes "Did Zazi's Lawyer Sell Him Out To The FBI?", in part quoting my earlier post, Najibullah Zazi's Legal Representation (many thanks to Rutabaga for the compliments.) Other lawyers (including three of our best) have been weighing in with similar thoughts. [More...]