U.S. District Court for the Central District of Illinois: Al-Marri Docket

Assigned to: Judge Michael M. Mihm
Referred to: Magistrate Judge John A. Gorman

Defendant (1):
Ali Saleh Kahlah Al-Marri	represented by Andrew J Savage, III SAVAGE & SAVAGE PA 15 Prioleau Street PO Box 1002 Charleston, SC 29401 843-720-7470 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained L Lee Smith HINSHAW & CULBERTSON Ste 600 416 Main Street Peoria, IL 61602 309-674-1025 Fax: 309-674-9328 Email: lsmith@hinshawlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Lawrence S Lustberg GIBBONS PC One Gateway Center Newark, NJ 07204-5310 973-596-4731 Fax: 973-639-6285 Email: llustberg@gibbonslaw.com ATTORNEY TO BE NOTICED Mark A Berman HARTMANN DOHERTY ROSA BERMAN & BULBULIA LLC 126 State Street Hackensack , NJ 07601 201-441-9056 Fax: 201-441-9435 Email: mberman@hartmanndoherty.com ATTORNEY TO BE NOTICED
Pending Counts:	Disposition
18:2339B.F: Beginning on an unknown date, but at least as early as 07/01 and continuing on or about 12/12/01 in CDIL, Dft did conspire to provide material support and resources to a foreign terrorist organization (al-Qaeda) in violation of 18:2339B(a)(1): PROVIDING MATERIAL SUPPORT OR RESOURCES TO TERRORISTS (1) 18:2339B.F: From on or about 09/01 and continuing through 12/12/01 in CDIL, Deft did provide material support and resources to a foreign terrorist organization (al-Qaeda) in violation of 18:2339B(a)(1): PROVIDING MATERIAL SUPPORT OR RESOURCES TO TERRORISTS (2)
Highest Offense Level (Opening): Felony
Terminated Counts: None	Disposition
Highest Offense Level (Terminated) None
Complaints None	Disposition
Plaintiff
USA	represented by David E Risley US ATTY 318 S Sixth Springfield , IL 62701-1806 (217) 492-4450 Fax: 492-4512 Email: david.risley@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey B Lang US ATTY 1830 2nd Avenue Rock Island , IL 61201-8003 309-793-5884 Fax: 309-793-5895 Email: jeffrey.lang2@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Joanna Baltes DEPARTMENT OF JUSTICE Counterterrorism Section 950 Pennsylvania Ave NW Washington , DC 20530 202-514-0849 Fax: 202-514-8714 LEAD ATTORNEY ATTORNEY TO BE NOTICED John Gibbs DEPARTMENT OF JUSTICE Counterterrorism Section 950 Pennsylvania Ave NW Washington , DC 20530 202-514-0849 Fax: 202-514-8714 LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael J Mullaney DEPARTMENT OF JUSTICE Counterterrorism Section 950 Pennsylvania Ave NW Washington , DC 20530 202-514-0849 Fax: 202-514-8714 LEAD ATTORNEY ATTORNEY TO BE NOTICED Sharon Lever DEPARTMENT OF JUSTICE Counterterrorism Section 950 Pennsylvania Ave NW Washington , DC 20530 202-514-0849 Fax: 202-514-8714 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed	#	Docket Text
02/26/2009	1	+++ SEALED DOCUMENT-Defendant Information Sheet. (HK, ilcd) (Entered: 02/26/2009)
02/26/2009	2	+++ SEALED DOCUMENT-Original Signature Indictment. (HK, ilcd) (Entered: 02/26/2009)
02/26/2009	3	+++ UNSEALED PER ORDER [#6] on 2/27/09: INDICTMENT as to Ali Saleh Kahlah Al-Marri (1) count(s) 1, 2. (HK, ilcd) (Entered: 02/26/2009)
02/26/2009		Remark: Motions for admission and ECF registration forms mailed to attys Baltes, Mullaney,Gibbs and Lever. (TK, ilcd) (Entered: 02/26/2009)
02/27/2009	5	MOTION to Unseal Case/Indictment by USA as to Ali Saleh Kahlah Al-Marri. (HK, ilcd) (Entered: 02/27/2009)
02/27/2009	6	ORDER granting 5 Motion to Unseal Case as to Ali Saleh Kahlah Al-Marri: Indictment unsealed. Entered by Magistrate Judge John A. Gorman on 2/27/9. (HK, ilcd) (Entered: 02/27/2009)
03/12/2009		Minute Entry for proceedings held before Judge Michael M. Mihm: Parties present via phone by AUSA David Risley, Attys Jonathan Hafetz, Mark Berman, Lawrence Lutsberg, and Andrew Savage (for Defendant Ali Saleh Kahlah Al-Marri) for status conference at 3:00 p.m. on Thursday, 3/12/09 - same held. Discussion held re: scheduling first appearance/arraignment/bond hearing of defendant. Case set for further telephone status conference at 9:30 a.m. (Central Time) on Tuesday, 3/17/09 to set date. Court to set up call. (Court Reporter KH.) (KB, ilcd) (Entered: 03/12/2009)
03/13/2009	7	Arrest Warrant Returned Executed on 3/10/09 as to Ali Saleh Kahlah Al-Marri. (RK, ilcd) (Entered: 03/13/2009)
03/17/2009		Minute Entry for proceedings held before Judge Michael M. Mihm: Parties present via phone by Government attorneys David Risley, Joanna Baltes and John Gibbs, and Defense attorneys Andrew Savage, Lee Smith, Jonathan Hafetz, Mark Berman and Lawrence Lustberg for Status Conference as to Ali Saleh Kahlah Al-Marri held on 3/17/2009 at 9:30 AM. Case is set for Initial Appearance/Arraignment on 3/23/2009 at 01:00 PM CST in Courtroom A in Peoria before U.S. District Judge Michael M. Mihm. Court asks parties to be prepared to discuss a number of pretrial issues at that time. Attorneys Risley and Smith will appear in person. Other attorneys are given leave to appear by telephone. Once Defendant arrives in District, U.S. Marshal's Service is directed to notify the Court and attorney Smith. (Court Reporter K.H.) (TK, ilcd) (Entered: 03/17/2009)
03/17/2009		Remark: Minute entry of 3/17/09 mailed to conventional filers Baltes, Gibbs, Mullaney and Lever. (TK, ilcd) (Entered: 03/17/2009)
03/23/2009	8	MOTION for Discovery Protection Order by USA as to Ali Saleh Kahlah Al-Marri. (Attachments: # 1 Text of Proposed Order)(Risley, David) (Entered: 03/23/2009)
03/23/2009	9	NOTICE OF ATTORNEY APPEARANCE: L Lee Smith appearing for Ali Saleh Kahlah Al-Marri (Smith, L) (Entered: 03/23/2009)
03/23/2009	10	Rule 5(c)(3) Documents Received as to Defendant Ali Saleh Kahlah Al-Marri. (KB, ilcd) (Entered: 03/23/2009)
03/23/2009	11	NOTICE OF ATTORNEY APPEARANCE: Lawrence S Lustberg appearing for Ali Saleh Kahlah Al-Marri (Lustberg, Lawrence) (Entered: 03/23/2009)
03/23/2009	12	NOTICE OF ATTORNEY APPEARANCE: Atty Andrew J Savage, III appearing for Ali Saleh Kahlah Al-Marri. (KB, ilcd) (Entered: 03/23/2009)
03/23/2009		Minute Entry for proceedings held before Judge Michael M. Mihm: Parties present in open court by AUSA David Risley, Atty Lee Smith and Andrew Savage with Defendant Ali Saleh Kahlah Al-Marri. Present by phone are Attys Joanna Baltes and John Gibbs, Lawrence Lustberg and Mark Berman. Initial Appearance/Arraignment held at 1:00 p.m. on Monday, 3/23/09. Defendant acknowledges receipt of Indictment and waives formal reading. Defendant advised of charges and possible penalties. Defendant enters plea of not guilty to Counts 1 and 2. Case set for Jury Trial at 8:30 a.m. on Tuesday, 5/26/09 in person in Peoria (Courtroom A) before Judge Mihm. Discussion held re: representation of retained counsel. Counsel who have not entered their appearances are directed to have the entry of appearance on file by the 4/14/09. Further status hearing set for 10:00 a.m. on Tuesday, 4/14/09. On 4/14/09 Court will discuss further discovery issues, security clearances, room for classified information to be stored in, counsel to identify any pretrial issues and plan or schedule on how to resolve them, and supplemental hearings as well as a realistic trial date will be set. Discussion held re: audio/video recordings between counsel and defendant. Discussion held re: Motion for protective order - same granted. Protective Order entered. AUSA to turn over any discovery in their possession covered by the Protective Order to defense counsel. Order of detention pending trial entered. Defendant remanded to USM.(Court Reporter KH.) (KB, ilcd) (Entered: 03/23/2009)
03/23/2009	13	ORDER OF DETENTION PENDING TRIAL as to Ali Saleh Kahlah Al-Marri entered by Judge Michael M. Mihm on 3/23/09. (KB, ilcd) (Entered: 03/23/2009)
03/23/2009	14	PROTECTIVE ORDER as to Ali Saleh Kahlah Al-Marri entered by Judge Michael M. Mihm on 3/23/09. (SEE ORDER)(KB, ilcd) (Entered: 03/23/2009)
03/26/2009	15	Remark: Letter from Judge Gorman to Atty Mullaney of March 26, 2009 in regard to becoming registered in CDIL for electronic case filing (via US Postal mail by chambers with atty adm and ecf reg forms) (WW, ilcd) (Entered: 03/26/2009)
03/26/2009	16	Remark: Letter from Judge Gorman to Atty Lever of 3-26-09 in regard to becoming registered in CDIL for electronic case filing (via US Postal mail by chambers with atty adm and ecf reg forms) (WW, ilcd) (Entered: 03/26/2009)
03/26/2009	17	Remark: Letter from Judge Gorman to Atty Baltes of 3-26-09 in regard to becoming registered in CDIL for electronic case filing (via US Postal mail by chambers with atty adm and ecf reg forms) (WW, ilcd) (Entered: 03/26/2009)
03/26/2009	18	Remark: Letter from Judge Gorman to Atty Gibbs of 3-26-09 in regard to becoming registered in CDIL for electronic case filing (via US Postal mail by chambers with atty adm and ecf reg forms) (WW, ilcd) (Entered: 03/26/2009)
04/08/2009	19	NOTICE OF ATTORNEY APPEARANCE: Mark A Berman appearing for Ali Saleh Kahlah Al-Marri (Berman, Mark) (Entered: 04/08/2009)
04/09/2009		Minute Entry for proceedings held before Judge Michael M. Mihm: The Court was telephonically contacted this morning by AUSA David Risley and defense counsel Lee Smith with a request for a telephone status conference. Said conference was held at 11:30 a.m. on Thursday, 4/9/09. Attorneys Risley and Smith presented a joint oral request for a change in the next hearing date presently scheduled for Tuesday, 4/14/09 at 10:00 a.m. The Court agreed with their request, cancelled the hearing set for Tuesday, 4/14/09, and rescheduled the hearing to Thursday, 4/30/09 at 1:00 p.m. in person in Peoria (Courtroom A) before Judge Michael M. Mihm. (Court Reporter KH.) (KB, ilcd) (Entered: 04/09/2009)
04/10/2009		Mail Returned as Undeliverable (motion for admission to practice and ECF registration form) addressed to Joanna Baltes. (TK, ilcd) (Entered: 04/10/2009)
04/13/2009	20	Remark: Second Letter from Judge Gorman to Attys Joanna Baltes, John Gibbs, Michael Mullaney and Sharon Lever of April 13, 2009 in regard to becoming registered in CDIL for electronic case filing (via US Postal mail by chambers with atty adm and ecf reg forms.(WW, ilcd) (Entered: 04/13/2009)
04/14/2009		Mail Returned as Undeliverable re Minute Entry of 3/23/09 and #14 Protective Order as addressed to Joanna Baltes. Envelope marked "return to sender". (TK, ilcd) (Entered: 04/14/2009)
04/24/2009	21	NOTICE OF FILING OF OFFICIAL COURT REPORTER'S TRANSCRIPT of Proceedings as to Ali Saleh Kahlah Al-Marri held on April 9, 2009, before Judge Michael M. Mihm. Court Reporter/Transcriber K. Hanna, Telephone number 309-671-7034. Transcript purchased by:Lee Smith. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 PACER. Redaction Request due 5/15/2009. Redacted Transcript Deadline set for 5/26/2009. Release of Transcript Restriction set for 7/23/2009. (TK, ilcd) (Entered: 04/24/2009)
04/30/2009		TEXT ORDER as to Ali Saleh Kahlah Al-Marri entered by Judge Michael M. Mihm on 4/30/09. By agreement of the attorneys for the United States and the defense, and with consent of the Court, the hearing on this case, originally scheduled for 1:00 p.m. on Thursday, 4/30/09 is CHANGED IN TIME ONLY to 3:00 p.m. in person in Peoria (Courtroom A) before Judge Michael M. Mihm. (KB, ilcd) (Entered: 04/30/2009)
04/30/2009	22	PLEA AGREEMENT AND STIPULATION OF FACTS as to Ali Saleh Kahlah Al-Marri (TK, ilcd) (Entered: 04/30/2009)
04/30/2009		+++ SEALED DOCUMENT - PLEA AGREEMENT AND STIPULATION OF FACTS - ORIGINAL SIGNATURES. (TK, ilcd) (Entered: 04/30/2009)
04/30/2009		Minute Entry for proceedings held before Judge Michael M. Mihm:Parties present in open court by AUSA Risley and Baltes, Attys Smith, Savage, Hafetz, and Lustberg for Status Conference at 3:00 pm on Thursday, 4/30/09 - Change of Plea held to Count 1 (Conspiracy to provide material support and resources to a foreign terrorist organization (al-Qaeda)). Written Plea Agreement signed and filed. Defendant affirmed and Court finds him competent to proceed. Defendant advised of charges and possible consequences. Deft advised of constitutional right to jury trial. Detailed admission of guilt to Count 1 by Defendant. AUSA states factual basis. Same agreed to and approved by deft and his counsel. Deft enters plea of guilty to Count 1 subject to agreement. Court accepts the plea and defendant is adjudged guilty of Count 1. Matter referred to USPO for a PSR. Judgment of conviction entered. Case set for Sentencing on Thursday, 7/30/09 at 10:00 a.m in person in Peoria (Courtroom A). The Jury Trial set for 5/26/09 is vacated. Deft remanded to custody of USM. (Court Reporter KH.) (KB, ilcd) (Entered: 04/30/2009)
05/05/2009	24	MOTION discontinue two government attorneys on Clerk's distribution list by USA as to Ali Saleh Kahlah Al-Marri. (Risley, David) (Entered: 05/05/2009)
05/05/2009		TEXT ONLY ORDER by Magistrate Judge John A. Gorman granting 24 Motion terminate as counsel for plaintiff. Attys Mullaney and Gibbs are terminated from this case. Entered on 5/5/09. (WW, ilcd) (Entered: 05/05/2009)
05/05/2009		Attorney update in case as to Ali Saleh Kahlah Al-Marri. Attorney John Gibbs and Michael J Mullaney terminated. (WW, ilcd) (Entered: 05/05/2009)
06/03/2009	25	NOTICE OF FILING OF OFFICIAL COURT REPORTER'S TRANSCRIPT of Change of Plea Proceedings as to Ali Saleh Kahlah Al-Marri held on 4/30/09, before Judge Michael M. Mihm. Court Reporter/Transcriber K. Hanna, Telephone number 309-671-7034. Transcript purchased by:Lee Smith. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 PACER. Redaction Request due 6/24/2009. Redacted Transcript Deadline set for 7/6/2009. Release of Transcript Restriction set for 9/1/2009. (TK, ilcd) (Entered: 06/03/2009)
06/12/2009	26	Joint MOTION to Continue Sentencing Hearing by Ali Saleh Kahlah Al-Marri, USA as to Ali Saleh Kahlah Al-Marri. (Smith, L) (Entered: 06/12/2009)
06/18/2009		Text ORDER granting 26 Motion to Continue as to Ali Saleh Kahlah Al-Marri (1); Sentencing reset for 10/29/2009 at 10:00 AM in Courtroom A in Peoria before Judge Michael M. Mihm. Should issues arise that would necessitate any further continuance of this matter, the parties are instructed to immediately notify the Court. Entered by Judge Michael M. Mihm on 6/18/09. (MMM0, ilcd) (Entered: 06/18/2009)
07/20/2009		NOTICE OF HEARING as to Ali Saleh Kahlah Al-Marri Status Conference set for 7/24/2009 at 01:30 PM by telephone from Peoria (court will place call) before Judge Michael M. Mihm. CLERK TO ISSUE TELEPHONE WRIT.(MMM0, ilcd) (Entered: 07/20/2009)
07/24/2009		Minute Entry for proceedings held before Judge Michael M. Mihm: Parties present via phone by AUSA Risley, Atty Baltes, Atty Smith with Defendant Al-Marri, Atty Savage and Atty Lustberg for status conference at 1:30 p.m. on Friday, 7/24/09. Discussion held re: status of discovery. Govt to complete reviewing discovery and file notice by 7/31/09 regarding any requested discovery that has not been turned over. Defendant to file response regarding items not turned over by 8/17/09. Court sets further status hearing at 10:00 a.m. on Thursday, 9/3/09 in person in Peoria (Courtroom A) before Judge Michael M. Mihm. The Court expects to resolve any issues regarding discovery at this time. Govt to file their position on what credit, if any, should be given to Defendant for time served including military by 10/2/09. Defendant to file their position by 10/16/09. Discussion held regarding classified material. Any issues regarding classified material to be briefed along with discovery issues. (Court Reporter KH.) (KB, ilcd) (Entered: 07/24/2009)
08/11/2009	27	Ex Parte MOTION for Protective Order Pursuant to CIPA Section 4 (half sheet) by USA as to Ali Saleh Kahlah Al-Marri. (Risley, David) (Entered: 08/11/2009)
08/13/2009		Minute Entry for proceedings held before Judge Michael M. Mihm:Ex Parte In Camera hearing held re: Governments Ex Parte Motion for Protective Order Pursuant to CIPA Section 4 as to Ali Saleh Kahlah Al-Marri held on 8/13/2009 (Court Reporter KH.) (MMM0, ilcd) (Entered: 08/13/2009)
08/13/2009	28	ORDER entered by Judge Michael M. Mihm on 8/13/09. IT IS HEREBY ORDERED, that the Government's Submission may be filed ex parte for in camera consideration and shall be sealed and maintained in a facility appropriate for the storage of classified information at the identified level by the Court Security Officer asthe designee of the Clerk of the Court, in accordance with established security procedures, until further order of this Court. After ex parte, in camera inspection and consideration of the Submission, IT IS HEREBY ORDERED THAT the Government's motion is GRANTED pursuant to Section 4 of CIPA and Rule 16(d)(1). The Court finds that the classified information sought to be protected is either not discoverable under Brady v. Maryland, 373 U.S. 1194 (1963), Giglio v. United States, 405 U.S.150 (1972), and their progeny, or Federal Rule of Criminal Procedure 16; or that such discovery value is outweighed by the potential danger to national security that might ensue after disclosure. IT IS HEREBY ORDERED that the Government is authorized to provide the summaries attached to the Submission and need not disclose to the defense the original classified materials described in the Submission. (KB, ilcd) (Entered: 08/13/2009)
08/13/2009	29	NOTICE of Proposed Classified Protective Order Pursuant to CIPA Section 4 and Rule 16(d)(1) by USA as to Ali Saleh Kahlah Al-Marri (Risley, David) (Entered: 08/13/2009)
08/17/2009	30	MOTION to Compel by Ali Saleh Kahlah Al-Marri. (Attachments: # 1 Exhibit A through E; sealed due to original signatures)(Lustberg, Lawrence) (Additional attachment(s) added on 8/18/2009: # 2 Redacted Exhibits A through E; redacted signatures) (KB, ilcd). (Entered: 08/17/2009)
08/28/2009	31	Second MOTION for Protective Order Pursuant to Section 4 of the Classified Information Procedures Act and Rule 16(d)(1) of the Federal Rules of Criminal Procedure by USA as to Ali Saleh Kahlah Al-Marri. (Baltes, Joanna) (Entered: 08/28/2009)
09/01/2009		Minute Entry for proceedings held before Judge Michael M. Mihm: Ex Parte In Camera Hearing held re: Governments Ex Parte Motion For Protective Order Pursuant to CIPA Section 4 as to Ali Saleh Kahlah Al-Marri held on 9/1/2009. (Court Reporter KH.) (MMM0, ilcd) (Entered: 09/01/2009)
09/03/2009		Minute Entry for proceedings held before Judge Michael M. Mihm: Parties present in open court by AUSA David Risley/Sharon Lever, Attys Lee Smith/Andrew Savage/Lustberg with Dft Al-Marri for Status Conference at 10:00 AM on Thursday, 9/3/2009 - same held. Court reviews case. Discussion held regarding outstanding discovery/status of discovery: video tapes showing conditions of detention facilities (i.e. brig). Counsel to confer regarding discovery process and, if there is a dispute, notify the court of that dispute as soon as possible for resolution. Discussion held re: video interrogations/threats to defendants family/destruction of videos. Motion to Compel #30 is denied in part and reserved in part. The part of the Motion which asks the Court to reconsider the denial of access to certain classified discovery reviewed in camera by the Court prior to the entry of the first Protective Order on August 13th is denied. Other issues dealing with information contained in the second batch of classified information delivered to the Court are under advisement pending the response by the Government to the Courts in camera requests. Sentencing previously set for 10/29/09 and 10/30/09 has been changed to 10:00 a.m. on Wed, 10/28/09 and Thurs, 10/29/09 in person in Peoria before Judge Michael M. Mihm. Discussion held re: Islamic Heritage video - counsel to approach BOP. (Court Reporter K.H.) (TK, ilcd) (Entered: 09/03/2009)
09/09/2009		NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Ali Saleh Kahlah Al-Marri held on September 3, 2009, before Judge Michael M. Mihm. Court Reporter/Transcriber K Hanna, Telephone number 309-671-7034. Transcript purchased by:Atty Lee Smith. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 PACER. Redaction Request due 9/30/2009. Redacted Transcript Deadline set for 10/13/2009. Release of Transcript Restriction set for 12/8/2009. (KB, ilcd) (Entered: 09/09/2009)
09/10/2009		Minute Entry for proceedings held before Judge Michael M. Mihm:Ex Parte In Camera hearing held re: Governments Ex Parte Motion for Protective Order Pursuant to CIPA Section 4 as to Ali Saleh Kahlah Al-Marri held on 9/10/2009. (Court Reporter KH.) (MMM0, ilcd) (Entered: 09/10/2009)
09/10/2009	33	SECOND PROTECTIVE ORDER PURSUANT TO SECTION 4 OF THE CLASSIFIED INFORMATION PROCEDURES ACT AND RULE 16(d)(1) OF THE FEDERAL RULES OF CRIMINAL PROCEDURE entered by Judge Michael M. Mihm on 9/10/09. IT IS HEREBY ORDERED, that the Government's Submission may be filed ex parte for in camera consideration and shall be sealed and maintained in a facility appropriate for the storage of classified information at the identified level by the Court Security Officer as the designee of the Clerk of the Court, in accordance with established security procedures, until further order of this Court. IT IS HEREBY ORDERED THAT the Government's motion is GRANTED pursuant to Section 4 of CIPA and Rule 16(d)(1). The Court finds that the classified information sought to be protected is either not discoverable under Brady v. Maryland, 373 U.S. 1194 (1963), Giglio v. United States, 405 U.S.150 (1972), and their progeny, or Federal Rule of Criminal Procedure 16; or that such discovery value is outweighed by the potential danger to national security that might ensue after disclosure. IT IS HEREBY ORDERED that the Government is authorized to provide the following summaries attached to the Submission: 1) summary of the March 11, 2004 interrogation session; 2) summary of time frame and duration of interrogation sessions; 3) where appropriate to clarify other documents provided to the defense, which include a summary of documents dated September 14, 2003 and December 8, 2003, and 4) summary of the DIA OIG report regarding the destruction of interrogation tapes. The Government need not disclose to the defense the original classified materials described in the Submission. (KB, ilcd) (Entered: 09/10/2009)
09/10/2009	34	NOTICE of Filing of Proposed Second Classified Protective Order Pursuant to Section 4 of the Classified Information Procedures Act and Rule 16(d)(1) of the Federal Rules of Criminal Procedure by USA as to Ali Saleh Kahlah Al-Marri (Risley, David) (Entered: 09/10/2009)
09/18/2009		NOTICE OF HEARING as to Ali Saleh Kahlah Al-Marri Miscellaneous Hearing set for 9/21/2009 at 02:00 PM CST by telephone from Peoria (court will place call) before Judge Michael M. Mihm. (MMM0, ilcd) (Entered: 09/18/2009)
09/21/2009		Minute Entry for proceedings held before Judge Michael M. Mihm: Parties present via phone by Attys for Govt: David Risley/Joanna Baltes, Attys for Defendant: Andrew Savage/Lawrence Lustberg/Lee Smith with Defendant Ali Saleh Kahlah Al-Marri for status conference at 2:00 p.m. on Monday, 9/21/09 - same held. Discussion held re: disputes on discovery: e.g., delay in delivery of discovery (logs), access to nearly 50 brig surveillance videos, etc. Govt responded they are turning over 13,000 pages of electronic discovery which are currently being stamped. Videos of dates involving interrogations must be reviewed before being turned over. Discussion held re: dates and appropriate videos needed. Defendant and Counsel to reach some consensus on dates, videos and possible stipulations. Court directs that the 13,000 pages will be turned over today. Videos to be reviewed and turned over at the earliest possibility. Govt's sentencing brief due 10/2/09; Defendants sentencing brief due 10/16/09. Discussion held re: Defendant's request to interview military/civilian witnesses and their whereabouts. Court suggests interviews over the phone or possible stipulations. If not already done, Court directs that the locations of the identified witnesses be released with 48 hours; if this cannot be done within this time frame, Court is to be notified. Govt and Defense counsel to discuss updated lists re: witnesses. Case remains set for Sentencing on Wed, 10/28/09 and Thursday, 10/29/09 in person in Peoria. (Court Reporter KH.) (KB, ilcd) (Entered: 09/21/2009)
09/22/2009		NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Ali Saleh Kahlah Al-Marri held on 9/21/09, before Judge Michael M. Mihm. Court Reporter/Transcriber K. Hanna, Telephone number (309) 671-7034. Transcript purchased by: Atty Lee Smith. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 PACER. Redaction Request due 10/13/2009. Redacted Transcript Deadline set for 10/23/2009. Release of Transcript Restriction set for 12/21/2009. (KB, ilcd) (Entered: 09/22/2009)
10/02/2009	36	SENTENCING MEMORANDUM by USA as to Ali Saleh Kahlah Al-Marri (Baltes, Joanna) (Entered: 10/02/2009)
10/13/2009	37	MOTION for Extension of Time to File Sentencing Memorandum by Ali Saleh Kahlah Al-Marri. (Smith, L) (Entered: 10/13/2009)
10/13/2009		Text ORDER granting 37 Motion for Extension of Time to File as to Ali Saleh Kahlah Al-Marri (1). Defendant's Sentencing Memorandum shall be filed no later than 12:00 p.m. CST on Tuesday, October 20, 2009. Entered by Judge Michael M. Mihm on 10/13/09. (MMM0, ilcd) (Entered: 10/13/2009)
10/20/2009	38	SENTENCING MEMORANDUM by Ali Saleh Kahlah Al-Marri (Lustberg, Lawrence) (Entered: 10/20/2009)
10/20/2009	39	Exhibit by Ali Saleh Kahlah Al-Marri. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25)(Lustberg, Lawrence) (Entered: 10/20/2009)
10/20/2009	40	Exhibit by Ali Saleh Kahlah Al-Marri. (Attachments: # 1 Exhibit 26, # 2 Exhibit 27, # 3 Exhibit 28, # 4 Exhibit 29, # 5 Exhibit 30, # 6 Exhibit 31, # 7 Exhibit 32, # 8 Exhibit 33, # 9 Exhibit 34, # 10 Exhibit 35, # 11 Exhibit 36, # 12 Exhibit 37, # 13 Exhibit 38, # 14 Exhibit 39, # 15 Errata 40, # 16 Exhibit 41, # 17 Exhibit 42, # 18 Exhibit 43, # 19 Exhibit 44, # 20 Exhibit 45, # 21 Exhibit 46, # 22 Exhibit 47, # 23 Exhibit 48 part 1, # 24 Exhibit 48 part 2, # 25 Exhibit 49, # 26 Exhibit 50)(Lustberg, Lawrence) (Entered: 10/20/2009)
10/20/2009	41	Exhibit by Ali Saleh Kahlah Al-Marri. (Attachments: # 1 Exhibit 51, # 2 Exhibit 52, # 3 Exhibit 53, # 4 Exhibit 54 part 1, # 5 Exhibit 54 part 2, # 6 Exhibit 54 part 3, # 7 Exhibit 55, # 8 Exhibit 56, # 9 Exhibit 57, # 10 Exhibit 58, # 11 Exhibit 59, # 12 Exhibit 60, # 13 Exhibit 61, # 14 Exhibit 62, # 15 Exhibit 63, # 16 Exhibit 64, # 17 Exhibit 65, # 18 Exhibit 66, # 19 Exhibit 67, # 20 Exhibit 68, # 21 Exhibit 70, # 22 Exhibit 71, # 23 Exhibit 72, # 24 Exhibit 73, # 25 Exhibit 74, # 26 Exhibit 75, # 27 Exhibit 76, # 28 Exhibit 77, # 29 Exhibit 78, # 30 Exhibit 79)(Lustberg, Lawrence) (Entered: 10/20/2009)
10/20/2009	42	Exhibit by Ali Saleh Kahlah Al-Marri. (Lustberg, Lawrence) (Entered: 10/20/2009)
10/23/2009	43	COMMENTARIES ON SENTENCING FACTORS by USA as to Ali Saleh Kahlah Al-Marri. (Risley, David) (Entered: 10/23/2009)
10/23/2009	44	Exhibit by Ali Saleh Kahlah Al-Marri. (Attachments: # 1 Exhibit 80, # 2 Exhibit 81, # 3 attachment, # 4 attachment)(Lustberg, Lawrence) (Entered: 10/23/2009)
10/26/2009	45	Exhibit by USA as to Ali Saleh Kahlah Al-Marri. (Attachments: # 1 Exhibit Puccarelli Declaration, # 2 Exhibit Wright Declaration, # 3 Exhibit Zanetti Declaration, # 4 Exhibit Evaluating Supermax, # 5 Exhibit District Court Ruling)(Baltes, Joanna) (Entered: 10/26/2009)
10/28/2009		Minute Entry for proceedings held before Judge Michael M. Mihm: Parties present in open court by Gvt attys Risley and Baltes and attys Savage, Lustberg and Smith with Dft Al-Marri for Sentencing on 10/28/09. Discussion held regarding evidence not provided to Dft by Gvt. Evidence presented on behalf of the Dft. Oral motion by Gvt to seal exhibit #48 of Doc. #40 and exhibit #54 of Doc. #41 - motion allowed. Clerk to seal exhibits immediately. Further evidence by Dft. Evidence by Gvt. Discussion held regarding witness Sirratt's professional assessment of the Dft. Further evidence by Gvt. No exhibit other than Gvt. #6 was formally admitted into evidence. Time for adjournment. Sentencing hearing continued to Thursday, 10/29/09 at 9:00 AM in Courtroom A in Peoria before Judge Michael M. Mihm. Dft remanded to the custody of the US Marshal. (Court Reporter K.H..) (TK, ilcd) (Entered: 10/28/2009)
10/29/2009		Minute Entry for proceedings held before Judge Michael M. Mihm: Parties present in open court by AUSA Baltes/Risley, Attys Savage/Lustberg/Smith with Defendant Al-Marri for continued Sentencing at 9:00 a.m. on Thursday, 10/29/09 - same held. Arguments held regarding objection - role in offense - objection granted. Arguments held regarding criminal history category/length and conditions of confinement. Defendant moves to admit exhibits and video exhibits under seal. Discussion held - Counsel to redact names and faces and resubmit exhibits. Original exhibits to be kept under seal until redacted exhibits submitted. All exhibits offered 10/28/09 by Defendant admitted. Counsel make sentence recommendations. Defendant makes statement. Court adopts factual findings of PSR with change. It is therefore ordered: Deft committed to custody of BOP for 100 months. Three years of Supervised Release. No fine. Special Assessment of $100 due immediately. Mandatory drug testing waived. Defendant advised of appeal rights. Oral motion by Govt to dismiss Count 2 - same granted. Oral motion by Defendant to withdraw exhibit 1 - granted. Defendant remanded to custody of USM. (Court Reporter KH.) (KB, ilcd) (Entered: 10/29/2009)
10/29/2009		+++ SEALED DOCUMENT - Judgment with original signatures for Defendant Al-Marri. (KB, ilcd) (Entered: 10/29/2009)
10/29/2009	47	JUDGMENT entered by Judge Michael M. Mihm on 10/29/09 as to Ali Saleh Kahlah Al-Marri (1). (KB, ilcd) (Entered: 10/29/2009)
10/29/2009		+++ STATEMENT OF REASONS FOR IMPOSING SENTENCE as to Ali Saleh Kahlah Al-Marri (KB, ilcd) (Entered: 10/29/2009)
10/29/2009		+++ PRESENTENCE INVESTIGATION REPORT as to Ali Saleh Kahlah Al-Marri (KB, ilcd) (Entered: 10/29/2009)
10/29/2009		+++ SENTENCING RECOMMENDATION as to Ali Saleh Kahlah Al-Marri. (KB, ilcd) (Entered: 10/29/2009)
10/29/2009	51	Court's WITNESS/EXHIBIT LIST for Sentencing held on 10/28/09 and 10/29/09 re: Defendant Ali Saleh Kahlah Al-Marri (KB, ilcd) (Entered: 10/30/2009)
10/29/2009		Govt EXHIBIT #6 admitted at Sentencing on 10/28 - 10/29/09 re: Defendant Al-Marri. (KB, ilcd) (Entered: 10/30/2009)
10/29/2009		Defendant's EXHIBIT admitted at Sentencing Hearing on 10/28 - 10/29/09 re: Defendant Al-Marri (sealed and placed in vault). Group Exh A and Exh B (DVD which contains all videos) (KB, ilcd) (Entered: 10/30/2009)
11/02/2009	54	SENTENCING MEMORANDUM by Judge Michael M. Mihm re: Defendant Ali Saleh Kahlah Al-Marri. (KB, ilcd) (Entered: 11/02/2009)
11/17/2009		NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Vol 1) of Sentencing Proceeding as to Ali Saleh Kahlah Al-Marri held on 10/28/2009, before Judge Michael M. Mihm. Court Reporter/Transcriber K.H., Telephone number 309-671-7034. Transcript purchased by: Lee Smith. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 PACER. Redaction Request due 12/8/2009. Redacted Transcript Deadline set for 12/18/2009. Release of Transcript Restriction set for 2/16/2010. (KB, ilcd) (Entered: 11/17/2009)
11/17/2009		NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Vol 2) of Sentencing Proceeding as to Ali Saleh Kahlah Al-Marri held on 10/29/2009, before Judge Michael M. Mihm. Court Reporter/Transcriber K.H., Telephone number 309-671-7034. Transcript purchased by: Lee Smith. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 PACER. Redaction Request due 12/8/2009. Redacted Transcript Deadline set for 12/18/2009. Release of Transcript Restriction set for 2/16/2010. (KB, ilcd) (Entered: 11/17/2009)

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