Saturday, July 22, 2023

Indicted in 2006 Nizar Trabelsi Wins Trial in DDC now DOJ says ICE & Removal to Belgium


by Matthew Russell Lee, Patreon Book Substack

DDC COURTHOUSE, July 14 – Nizar Trabelsi was indicted in 2006 for being a member of Al Qaeda who conspired to kill Americans overseas. 

 On March 30, 2023, brought into court by two US Marshals, Trebelsi appeared before U.S. District Court for the District of Columbia Judge Randolph D. Moss. Inner City Press was there, the only civilian in DDC Courtroom 8. 

Jump cut to June 6, 2023 - now the jury trial is underway in Courtroom 8. When Inner City Press went, it was again the only person in the gallery. On a video screen a Belgian official was arrogantly answering about interrogations in 2002, at first saying he didn't know if Trebelsi had a wife, and that describing her "coming to see her husband, with a baby." Trebelsi passed a note to his lawyer.

  Back in March Trabelsi wanted wants to represent himself, with Marc Eisenstein of Coburn & Greenbaum as his stand-by counsel.

   Judge Moss' initial questions were designed to ascertain if Trabelsi understands that he is in charge of his own representation and will have no grounds to appeal based on ineffective assistant of counsel if he is convicted. 

  Trabelsi repeatedly got up from the defense table to move to the podium - and was stopped by a Marshal. He asked the (French) interpreter to read to Judge Moss a letter to him from his previous counsel, adding that he has not been able to read all the motions filed on his behalf and would like them translated.

  Judge Moss said that on this, and getting a second stand-by counsel, Eisenstein can apply to him for more CJA funds. It was unclear if such requests would be docketed on PACER. 

Trabelsi, who was a professional soccer player, was extradited to the US from Belgium, and was then awarded damages for violation of rights. There appear to be no photographs of him since he has been in the US - straight from prison to cameraless court.

  On April 21, Eid, for an upcoming deposition to be conducted inside the DDC courthouse, Judge Moss ruled: "MINUTE ORDER as to NIZAR TRABELSI: It is hereby ORDERED that the government is permitted to video and audio record the Rule 15 deposition scheduled to occur on April 26, 2023 and April 27, 2023. Because this proceeding is not a court proceeding or hearing, but rather a deposition, such video recording is permissible. Signed by Judge Randolph D. Moss on 4/21/2023."

On July 14, 2023, Trabelsi after his long
incarceration was found not guilty by the jury.

In opening statements, mostly-SDNY defense lawyer Sabrina Shroff said "We all agree that he was born in Tunisia, he is a good soccer player, and he is an incessant talker who made statement after statement after statement to Belgian authoritiesMost of his statements, if not all, could not be objectively corroborated." The jury obviously agreed.

All DOJ would say was Trabelsi will be in the custody of U.S. Immigration and Customs Enforcement before being sent back to Belgium.  Seems like they should say more - after all this time in pre-trial detention, only to be found not guilty.

 It is US v. Trabelsi, 06-cr-89 (RBM)

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