U.S. v. AREF

Docket Nos. 07-0981-cr(L), 07-1101-cr(CON), 07-1125-cr(CON).

533 F.3d 72 (2008)

UNITED STATES of America, Appellee, v. Yassin Muhiddin AREF, Mohammed Mosharref Hossain, Defendants-Appellants. New York Civil Liberties Union, Proposed-Intervenor-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 2, 2008.


Attorney(s) appearing for the Case

William C. Pericak, Assistant United States Attorney (Elizabeth C. Coombe, Brenda K. Sannes, Assistant United States Attorneys, of counsel), for Glenn T. Suddaby, United States Attorney for the Northern District of New York, Albany, NY.

Terence L. Kindlon (Kathy Manley, on the brief), Kindlon and Shanks, P.C., Albany, NY, for Defendant-Appellant Yassin Muhiddin Aref.

Kevin A. Luibrand, Albany, NY, for Defendant-Appellant Mohammed Mosharref Hossain.

Corey Stoughton (Arthur Eisenberg, Christopher Dunn, on the brief), New York Civil Liberties Union, New York, NY, for Proposed-Intervenor-Appellant.

Melissa Goodman, American Civil Liberties Union, and Corey Stoughton, New York Civil Liberties Union (Jameel Jaffer, American Civil Liberties Union; Arthur Eisenberg, Christopher Dunn, New York Civil Liberties Union, on the brief), for Amici Curiae American Civil Liberties Union and the New York Civil Liberties Union.

Peter Karanjia, Davis Wright Tremaine LLP (Christopher Robinson, David Wright Tremaine LLP, on the brief; David E. McGraw, The New York Times Company, of counsel), New York, NY, for Amici Curiae Advance Publications, Inc., The Associated Press, Daily News L.P., Gannett Co., Inc., The Hearst Corporation, NBC Universal, Inc., The New York Newspaper Publishers Association, The New York Times Company, Newsweek, Inc., North Jersey Media Group, The Reporters Committee for Freedom of the Press, Reuters America LLC, U.S. News and World Report, L.P., and The Washington Post, in support of Proposed-Intervenor-Appellant.

Before: JACOBS, Chief Judge, McLAUGHLIN, Circuit Judge, and SAND, District Judge.


McLAUGHLIN, Circuit Judge:

Both defendants were convicted on charges arising out of a sting operation. The jury found that they conspired to conceal the source of what a cooperator represented to be proceeds from the sale of a surface-to-air missile. According to the cooperator, the missile was to be used by terrorists against a target in New York City. Before trial, the Government sought, pursuant to the Classified Information...

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