Motion in Limine No. 11 Regarding Hearsay Emails (Abdulkadir Nur Salah) — United States v. Bock et al. (Feeding Our Future) (Dkt. 433, D. Minn.)

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Motion in Limine No. 11 Regarding Hearsay Emails, filed January 10, 2025 as Doc. 433 in United States of America v. Abdulkadir Nur Salah (4), Case No. 22-CR-223(4)(NEB/DTS), U.S. District Court for the District of Minnesota. The motion asks the Court to preclude the United States from offering emails that it says are inadmissible under the Rules of Evidence and the Confrontation Clause, citing Crawford v. Washington, 541 U.S. 36 (2004). It states that the government's exhibit list includes emails consisting of statements to the Minnesota Department of Education by individuals who are not alleged co-conspirators. As an example it identifies Government Exhibit A-70, an email dated July 25, 2021. The signature block names Surya Saxena and Nicholas Scheiner of Greene Espel PLLP, with s/ Surya Saxena.

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      CASE 0:22-cr-00223-NEB-DTS          Doc. 433    Filed 01/10/25    Page 1 of 2




                   IN THE UNITED STATES DISTRICT COURT
                      FOR THE DISTRICT OF MINNESOTA

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

                                  Plaintiff,

v.                                                 MOTION IN LIMINE NO. 11
                                                 REGARDING HEARSAY EMAILS
4. ABDULKADIR NUR SALAH,

                                Defendant.


       The Court should preclude the United States from offering hearsay emails that are

inadmissible both under the Rules of Evidence and the Confrontation Clause. The United

States has identified multiple emails on its exhibit list that consist of statements to the

Minnesota Department of Education by individuals who are not alleged co-conspirators.

Such emails are hearsay that is not within any exception and constitute testimonial

hearsay violative of the Confrontation Clause.

       Emails are hearsay unless they qualify under some recognized hearsay exception.

Further, statements to the government accusing another of misconduct are testimonial

hearsay that would violate the confrontation clause if admitted. Crawford v. Washington,

541 U.S. 36 (2004) (“An accuser who makes a formal statement to government officers

bears testimony in a sense that a person who makes a casual remark to an acquaintance

does not.”)

       For example, Government Exhibit A-70 is an email from an accuser complaining

to state officials from MDE regarding one of the defendants in this case and using

charged language to lodge the accusations. The email is dated on July 25, 2021, well
      CASE 0:22-cr-00223-NEB-DTS            Doc. 433     Filed 01/10/25   Page 2 of 2




after MDE allegedly asked the FBI to investigate Feeding our Futures. Thus, the email is

obvious hearsay that is not within any exception. The only purpose for the government

offering the exhibit is for the alleged truth of the matter asserted.

       The Court should exclude such accuser statements in emails, text messages, or any

other documents as hearsay and as violative of the Confrontation Clause.



Dated: January 10, 2025                  GREENE ESPEL PLLP


                                         s/ Surya Saxena
                                         Surya Saxena, Reg. No. 0339465
                                         Nicholas Scheiner, Reg. No. 0402470
                                         222 S. Ninth Street, Suite 2200
                                         Minneapolis, MN 55402
                                         ssaxena@greeneespel.com
                                         nscheiner@greeneespel.com
                                         (612) 373-0830

                                         Attorneys for Defendant Abdulkadir Nur Salah




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