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Home Source documents Court filing — United States v. Farah (Dkt. 427, D. Minn.)

Court filing — United States v. Farah (Dkt. 427, D. Minn.)

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           CASE 0:22-cr-00124-NEB-TNL Doc. 427 Filed 04/02/24 Page 1 of 3




                         UNITED STATES DISTRICT COURT
                         FOR THE DISTRICT OF MINNESOTA


UNITED STATES OF AMERICA,                          Case No. 22-CR-124(3) (NEB/TNL)

                           Plaintiff,

      v.                                               DEFENDANTS’ MOTION
                                                      IN LIMINE TO PRECLUDE
ABDIAZIZ SHAFII FARAH ET AL.,                          UNREDACTED EXHIBIT

                          Defendant.




       Defendants Aftin, A. Farah, S. Farah, Ibrahim, Ismail, H. Nur, and Sharif, by and

through their undersigned attorneys, respectfully move the Court for an order precluding

the government from entering an unredacted exhibit. This Exhibit is P-18 on the

government’s exhibit list (Recording of conversation between Abdimajid Nur and Hadith

Ahmed on September 12, 2022).

       Portions of this audio recording should be redacted before submission because, if

unredacted, this exhibit poses a significant risk of confusing the issues and inflaming the

jury in contravention of Federal Rule of Evidence 403.

       The portions of the audio recording that Defendant Ibrahim objects to do not

concern substantive issues relating to this case, but rather commentary by both subjects of

the recording on the trajectory of federal trials and how a defendant can communicate

with their attorney. In particular, at one portion of the tape beginning at approximately



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        CASE 0:22-cr-00124-NEB-TNL Doc. 427 Filed 04/02/24 Page 2 of 3




1:42:00 and continuing to approximately 1:46:00 both subjects make the following

statements:

          • that the justice department “only take[s] on cases…they only go to trial on

              cases that they could win”

          • That the justice department “wins 95% of their cases”

          • That a good lawyer “can convince [anyone of] anything”

          • That you can tell your lawyer “anything you want to”

       Both subjects also refer at various points to how much certain lawyers involved in

this case might bill, and how that compares to other lawyers, including one lawyer

purported to be the most expensive.

       This evidence is of course not relevant to the present case: it does not make any

fact in the actual trial “more or less probable than it would be without the evidence.” It

does, however, run an extreme risk of confusing the issues of the present trial by giving

the jury the impression that the department of justice has a “strong case” which they

should easily win. These statements would be flatly objectionable if they came from a

prosecutor in a closing argument, they would be equally objectionable if entered into

evidence as an exhibit. See, e.g., Boyle v. Million, 201 F.3d 711, 714–15 (6th Cir. 2000)

(finding misconduct where a prosecutor argued “the reason you got that defense is

because [defendant] has the ability to muster the resources to present that defense.”);

United States v. Roberts, 618 F.2d 530, 533 (9th Cir. 1980).




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        CASE 0:22-cr-00124-NEB-TNL Doc. 427 Filed 04/02/24 Page 3 of 3




      Accordingly, this exhibit should be precluded unless the government redacts the

above statements and any reference to how much certain attorneys involved in this case

or elsewhere are being paid.

Date: April 2, 2024                            Respectfully submitted,



                                        By:      /s/ William J. Mauzy
                                               William J. Mauzy (#68974)
                                               William R. Dooling #0402244)
                                               Mauzy Law Office, PA
                                               650 Third Avenue South
                                               Suite 260
                                               Minneapolis, MN 55402
                                               (612) 340-9108
                                               wmauzy@mauzylawfirm.com
                                               Attorneys for Defendant




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