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Case 0:12-cr-60298-RNS Document 45 Entered on FLSD Docket 04/07/2013 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

CASE NO. 12-60298-Cr-Scola/Snow


UNITED STATES OF AMERICA,




vs.

SHEHERYAR ALAM QAZI,







Defendant.

_____________________________/




Plaintiff,



DEFENDANT’S MOTION TO COMPEL THE GOVERNMENT TO PROVIDE HIM
WITH APPLICATIONS, ORDERS, AND ANY OTHER MATERIALS RELATING TO

ELECTRONIC SURVEILLANCE IN THE INSTANT CASE





Pursuant to 50 U.S.C. § 1806(f), Mr. Qazi, through undersigned counsel, files this motion

and in support thereof states the following:

1. Mr. Qazi is charged by indictment with one count of conspiracy to provide material

support to terrorists and one count of conspiring to use a weapon of mass destruction.

2. 50 U.S.C. § 1806(f) states:

In camera and ex parte review by district court

Whenever a court or other authority is notified pursuant to subsection (c)
or (d) of this section, or whenever a motion is made pursuant to subsection
(e) of this section, or whenever any motion or request is made by an
aggrieved person pursuant to any other statute or rule of the United States
or any State before any court or other authority of the United States or any
State to discover or obtain applications or orders or other materials
relating to electronic surveillance or to discover, obtain, or suppress
evidence or information obtained or derived from electronic surveillance
under this chapter, the United States district court or, where the motion is
made before another authority, the United States district court in the same
district as the authority, shall, notwithstanding any other law, if the
Attorney General files an affidavit under oath that disclosure or an
adversary hearing would harm the national security of the United States,
review in camera and ex parte the application, order, and such other

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Case 0:12-cr-60298-RNS Document 45 Entered on FLSD Docket 04/07/2013 Page 2 of 3

materials relating to the surveillance as may be necessary to determine
whether the surveillance of the aggrieved person was lawfully authorized
and conducted. In making this determination, the court may disclose to the
aggrieved person, under appropriate security procedures and protective
orders, portions of the application, order, or other materials relating to the
surveillance only where such disclosure is necessary to make an accurate
determination of the legality of the surveillance.

3. 50 U.S.C. § 1801(k) defines an “aggrieved person” as “a person who is the target of an





electronic surveillance or any other person whose communications or activities were subject to

electronic surveillance.”



4. Mr. Qazi was, on numerous occasions, the target of electronic surveillance in this

case. In fact, the government previously filed a Notice of Intent to Use Foreign Intelligence

Surveillance Act Information pursuant to 50 U.S.C. § 1806(c), see DE 10, thereby tacitly

acknowledging the fact that Mr. Qazi is indeed an aggrieved person as defined in 50 U.S.C.

§ 1801(k).



5. 50 U.S.C. § 1806(f) acknowledges the right of an aggrieved person to “discover or

obtain applications or orders or other materials relating to electronic surveillance or to discover,

obtain, or suppress evidence or information obtained or derived from electronic surveillance

under [50 U.S.C. Chapter 36].



6. Upon receipt of the aggrieved person’s motion, the U.S. District Court “shall,

notwithstanding any other law, if the Attorney General files an affidavit under oath that

disclosure or an adversary hearing would harm the national security of the United States, review

in camera and ex parte the application, order, and such other materials relating to the surveillance

as may be necessary to determine whether the surveillance of the aggrieved person was lawfully

authorized and conducted.”



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Case 0:12-cr-60298-RNS Document 45 Entered on FLSD Docket 04/07/2013 Page 3 of 3



7. The Attorney General has not, to undersigned counsel’s knowledge, filed such an

affidavit. Nevertheless, the government is refusing to provide undersigned counsel with the

applications, orders, and other materials relating to electronic surveillance that are being

requested in this motion.



8. Accordingly, Mr. Qazi, through undersigned counsel, is requesting that this Court

compel the government to provide undersigned counsel with applications, orders, and any other

materials relating to electronic surveillance as well as evidence or information obtained or

derived from electronic surveillance in this case.

9. Undersigned counsel contacted opposing counsel, Assistant U.S. Attorney Karen

Gilbert, who stated that the government objects to the Court granting this motion.











































Respectfully submitted,

/s/ Ronald S. Chapman
Ronald S. Chapman (Bar No. 898139)
400 Clematis Street, Suite 206
West Palm Beach, FL 33401
Tel (561) 832-4348
Fax (561) 832-4346
Email: [email protected]
Attorney for defendant Sheheryar Qazi



Certificate of Service

Undersigned counsel certifies that on April 7, 2013 this motion was electronically filed













with the Clerk of Court using CM/ECF, and it was electronically transmitted to all counsel of

record.





/s/ Ronald S. Chapman
Ronald S. Chapman

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