Motion for Leave to Submit Reply Brief — United States v. Abdulkadir Nur Salah (Doc. 309)

Summary

A Motion for Leave to Submit Reply Brief in Response to United States' Supplemental Briefing, Doc. 309, filed 07/03/24 in Case 0:22-cr-00223-NEB-DTS, United States of America v. Abdulkadir Nur Salah, Case No. 22-CR-223(4) (NEB/DTS), in the U.S. District Court for the District of Minnesota. Salah asks leave to file a reply to the United States' Consolidated Response to Defendant's Pretrial Motions (Docket No. 308), on his motion to expand the scope of the prosecution team. He states that the response contains new arguments, including that the government publicly disclosed Grand Jury matters, used a Grand Jury subpoena extinguished by a prior indictment, and cited trial testimony without providing transcripts. The motion is dated July 3, 2024.

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        CASE 0:22-cr-00223-NEB-DTS Doc. 309 Filed 07/03/24 Page 1 of 2




                        UNITED STATES DISTRICT COURT
                           DISTRICT OF MINNESOTA

UNITED STATES OF AMERICA                               Case No. 22-CR-223(4) (NEB/DTS)

                     Plaintiff,                   MOTION FOR LEAVE TO SUBMIT
                                                   REPLY BRIEF IN RESPONSE TO
v.                                               UNITED STATES’ SUPPLEMENTAL
                                                                     BRIEFING
4. ABDULKADIR NUR SALAH,

                     Defendant.

       Defendant Abdulkadir Salah respectfully moves the Court for leave to file a reply

brief in response to the United States’ Consolidated Response to Defendant’s Pretrial

Motions, filed on June 28, 2024. (Docket No. 308.) The Defendant’s proposed reply brief

is attached to this motion as Exhibit 1. If leave is granted, Defendant will file the attached

reply memorandum as a separate docket entry.

       The Court ordered the parties to file supplemental briefing on Defendant’s motion

to expand the scope of the prosecution team. (Order, Docket No. 297.) The Defendant

filed the required supplemental brief on May 31, 2024. (Docket No. 302.) The United

States filed the above-referenced response.

       The United States’ response includes multiple new arguments and averments,

which raise serious concerns and warrant a reply. First and foremost, the United States

has now publicly disclosed matters occurring before the Grand Jury, in violation of

Federal Rule of Criminal Procedure 6(e). In addition to being improper, this disclosure

unnecessarily and improperly impugns the reputation of the Defendants in this case based

on potential charges that have not yet been approved by a Grand Jury.



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        CASE 0:22-cr-00223-NEB-DTS Doc. 309 Filed 07/03/24 Page 2 of 2




       Second, the United States has admitted that it obtained trial preparation materials

for its trial in the Farah matter pursuant to a Grand Jury subpoena that had been

extinguished by a prior indictment, in violation of well-established precedent. Third, the

United States has suggested that it believes it is authorized to use Grand Jury subpoenas

issued prior to the original indictment to obtain materials in furtherance of a superseding

Grand Jury investigation, in violation of well-established precedent. Fourth, the United

States has also admitted that it provided the Defendants in this case with voluminous

discovery knowing that the materials had nothing to do with this case. Fifth, the United

States has cited trial testimony from its recently-concluded trial, and recent interactions

with MDE, without providing the underlying transcripts and supporting materials to the

Defendants in this case.

       As the moving party, the Defendant requests that the Court accept the attached

reply brief which, in fairness is necessary to contextualize the United States’ response

and identify the United States’ several violations of applicable rules and law.



Respectfully submitted,

Dated: July 3, 2024                       GREENE ESPEL, P.L.L.P.

                                          s/ Surya Saxena

                                          Surya Saxena (#0339465)
                                          222 South Ninth Street, Suite 2200
                                          Minneapolis, MN 55402-3362
                                          (612) 373-0830
                                          ssaxena@greeneespel.com

                                          Attorneys for Defendant Abdulkadir Nur Salah


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