By Matthew Russell Lee, Patreon
SDNY COURTHOUSE, April 10 – Haji Najibullah was arraigned in November 2020 on charges of having kidnapped and held hostage American journalist David Rohde from November 10, 2008 to July 2009 in Afghanistan, demanding the release of Taliban prisoners and money from Rohde's family.
U.S. District Court for the Southern District of New York Judge Katherine Polk Failla held the arraignment. Inner City Press covered it.
Najibullah had been captured in Ukraine, and presented before SDNY Magistrate Judge Ona T. Wang on October 28, 2020. He was assigned a Federal Defender, Mark Gombiner; he was been informed of his rights of the Due Process Protections Act.
Jump cut nearly a year later on October 15, 2021, when Najibullah and Gombiner appeared again before Judge Failla. Inner City Press again covered it. Judge Failla admonished Gombiner not to give speeches for the media. But he argued about the absurdity of a country bombing another, then calling the fight-back a crime. He also questioned how the US gave only 200 documents under discovery.
Judge Failla said she envisioned a defense motion to compel and a CIPA motion from the US, and urged that the parties confer.
Jump cut all the way to April 10, 2024, when Judge Failla held a conference in advance of an April 18 hearing that, it seems, will be partially sealed. In the interim, Judge Jesse M. Furman has granted in large part Inner City Press' motions to unseal CIPA hearing transcripts. Why not here? Thread:
Federal Defender: We'll have an interpreter in court Judge:
AUSA Robles, if Mr. Najibullah testifies, can he use his own interpreter? AUSA: I don't object to that Judge: An interpreter may also testify. AUSA: We have clearer our day for this Judge: You and me both
Judge: Are you still pursuing the specialty arguments? Federal Defender: Yes. We had moved for evidentiary hearings on that, and also the law of armed conflict. Judge: Who might I be hearing testimony from on the combatant issue? Federal Defender: Expert witnesses
Judge: I don't know if I want a hearing on that. I take note that's what you are offering. Anything else? Federal Defender 2: We also have Miranda waiver issues
Judge: Yes, Agent Wyka [apparently Joint Terrorism TF Officer James Wyka] will address that
Federal Defender 1: Once the litigation around our CIPA 5 motion is resolved, we'll put in a schedule for Rule 15 motion practice. Also, there will be the May 6 CIPA hearing.
Judge: You are of course mindful of other classified cases you have before me
AUSA: Courtroom 24B, that's a classified courtroom, is that right? Judge: No. But there are rooms adjacent to the courtroom we could use. AUSA: I don't expect Wyka implicating classified courtroom. But you've seen the rest. Judge: We could use the jury room
Judge: I'm told that 24B is the Marshals' preferred way to move Mr. Najibullah in and out of the holding cell. We are adjourned.
It is US v. Najibullah, 14-cr-401 (Failla)
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