District Court Ruled that the Fruits of FISA Surveillance
Were Admissible in this Case
Agron Hasbajrami, 31, an Albanian citizen and resident of
Brooklyn, New York, pleaded guilty today to attempting and conspiring to
provide material support to terrorists before U.S. District Judge John Gleeson
of the Eastern District of New York. At
sentencing, the defendant faces up to 20 years in prison.
The guilty plea was announced by Assistant Attorney General
for National Security John P. Carlin, Acting U.S. Attorney Kelly T. Currie of
the Eastern District of New York, Assistant Director in Charge Diego G.
Rodriguez of the FBI’s New York Field Office and Commissioner William J.
Bratton of the New York City Police Department.
As part of the plea, Hasbajrami agreed to be deported from
the United States at the conclusion of his sentence, and the government agreed
to allow the defendant to preserve his right to challenge on appeal the
lawfulness of surveillance obtained or derived from the FISA Amendments Act of
2008 (FAA), a question of first impression in the Second Circuit. The U.S. District Court of the Eastern
District of New York ruled in February 2015 that the fruits of FISA
surveillance in this case were admissible.
“This case, like many others before it, has shown that the
application of lawful surveillance can allow the United States government to
detect and disrupt a terrorist in the United States,” said Acting U.S. Attorney
Currie. “The defendant’s plea today
leaves no question as to his role in a very serious terrorism offense, and if
he chooses to bring an appeal, we are confident we will prevail in the
appellate court as well.”
“Today’s guilty plea is the result of a thorough
investigation conducted by the New York FBI’s Joint Terrorism Task Force,” said
Assistant Director in Charge Rodriguez.
“I want to thank all of the agencies that participate on the FBI JTTF. Together we are able to use our combined
legal and investigative tools to quickly identify and disrupt threats to our
community.”
“This case is another example that shows that when people in
the New York area conspire with, attempt to join, or fund a terrorist
organization, even in the Tribal Area of Pakistan, they will be uncovered by
the agents and detectives of the JTTF, and they will face the full consequences
of the law,” said Commissioner Bratton.
According to court documents and statements made in court
today, in September 2011, Hasbajrami attempted to travel to the Federally
Administered Tribal Areas of Pakistan (the FATA) for the purpose of joining a
radical jihadist insurgent group. In
addition, he sent over $1,000 in multiple wire transfers abroad to support
terrorist activities in Pakistan and Afghanistan. In pursuing his goal of fighting jihad, the
defendant exchanged email messages with an individual in Pakistan who told him
that he was a member of an armed group that had murdered American soldiers and
kidnapped Westerners. In one email
message, Hasbajrami stated that it was difficult to ask for money from fellow
Muslims because they became apprehensive “when they hear it is for jihad.” In another email, he stated that he wished to
travel abroad to “marry with the girls in paradise,” using jihadist rhetoric to
describe a reference to his desire to die as a martyr himself.
On Sept. 5, 2011, Hasbajrami purchased a one-way airline
ticket to travel to Turkey the following day.
Based on Hasbajrami’s email communications, he intended to travel from
Turkey to the FATA to join a jihadist group.
On Sept. 6, 2011, the defendant was arrested at John F. Kennedy
International Airport. At the time of his
arrest, he was carrying a tent, boots and cold weather gear. A search of the defendant’s residence
revealed, among other items, a note reading “Do not wait for invasion, the time
is martyrdom time.”
Upon receiving notice that evidence in his case had been
obtained or derived from surveillance conducted pursuant to the FAA, Hasbajrami
was permitted by the District Court to withdraw his prior plea, and he
thereafter moved to suppress the fruits of such evidence, arguing that certain
provisions of the act were unconstitutional.
On Feb. 20, 2015, the District Court denied the defendant’s motion,
ruling that the fruits of the FAA surveillance, including the defendant’s
post-arrest statements, were admissible.
Under the terms of the plea agreement,
Hasbajrami preserved his right to appeal the District Court’s decision
on his suppression motion to the Second Circuit Court of Appeals.
Assistant Attorney General Carlin joined Acting U.S.
Attorney Currie in thanking the federal, state and local law enforcement
agencies who participate in the FBI’s Joint Terrorism Task Force in New York.
The government’s case is being prosecuted by Assistant U.S.
Attorneys Seth D. DuCharme, Saritha Komatireddy, Peter Baldwin and Matthew
Amatruda of the Eastern District of New York, and Trial Attorney Danya Atiyeh
of the National Security Division’s Counterterrorism Section.
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