USA v. HASHIMI et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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MEMORANDUM & ORDER
22-cr-553 (ENV)
UNITED STATES OF AMERICA
-against-
ABDULLAH AT TAQI,
Defendant.
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VITALIANO, D.J.
Defendant Abdullah At Taqi moves for an evidentiary hearing in connection with his
application, under Rule 33 of the Federal Rules of Criminal Procedure, for a new trial. See Dkt.
Nos. 227; 228. His application rests, principally, on the sworn declaration of Sasha Hodson, the
defense investigator (the “Hodson Declaration”),1 which provides more than sufficient support for
the Court’s finding that, during jury deliberations, a juror, believed to be Juror #5, conducted a
Google search to obtain a definition of the word “conspiracy” and shared that extra-record
information with the jury. See Dkt. Nos. 227-1; 228-1. At Taqi’s application for an evidentiary
hearing, pursuant to Remmer v. United States, 347 U.S. 227, 229-30, 74 S. Ct. 450, 451-52, 98 L.
Ed. 654 (1954) (a “Remmer hearing”), is appropriate and is granted.
A Remmer hearing is to be ordered and conducted in pursuit of two incredibly important
objectives of the American criminal justice system. First and foremost, the Remmer inquiry must
determine whether or not the jury’s conviction of At Taqi on the conspiracy counts of the
indictment infringed his constitutional rights to due process, fairness, and confrontation. See U.S.
1 The Court has no reason to doubt the veracity of the Hodson Declaration and assumes for the
purposes of this motion that it is accurate and credible.
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Const. amends. V, VI. 	Secondly, the hearing must remain sensitive to the sanctity of the
deliberative process of juries, this jury and juries to come. Guided by these twin objectives, the
Remmer hearing should be designed to produce evidence that the jury’s verdict was not prejudiced
by extra-record considerations. Working toward that goal, this Memorandum & Order will be filed
under seal, and the parties are directed to make any future submissions relating to the Remmer
hearing under seal.
Further, neither the parties nor anyone working in concert with them shall make any contact
or communication with any of the jurors who served in this case. 	To the extent that any juror
should contact them for any reason during the pendency of this case, they shall respond that by
Order of the Court, they are barred from any contact or communication with the jurors about
anything touching upon the case.
In satisfaction of At Taqi’s right to a Remmer hearing, the Court will hold a non-adversarial,
in camera proceeding with a sealed record. See United States v. Calbas, 821 F.2d 887, 896-97 (2d
Cir. 1987). Consistent with Federal Rule of Evidence 606(b), the Court intends to examine Juror
#5 and Juror #1 (the foreperson) regarding Juror #5’s internet research and her communication of
any information about the results to other jurors. Depending on its analysis of those responses, the
Court may call other members of the jury and make similar inquiry at a continued Remmer hearing.
In keeping with the non-adversarial nature of the proceeding, the Court will be in informal
contact with the jurors to be summoned for this inquiry. If necessary for any reason, a subpoena
directing a juror’s presence will be served. Due to the nature of the conduct prompting the subject
Remmer hearing and the absence of their potential jeopardy, the Court has determined that counsel
need not be appointed for any of the jurors.
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To help ensure completeness of the Court’s inquiry, the parties are invited to submit
proposed questions for the Court to ask jurors at the Remmer hearing. At Taqi’s submissions will
be in addition to the questions that he has already proposed in his briefing. See Dkt. No. 226. The
Court may ask some, none, all, or portions of the submitted questions during its inquiry of the
jurors. The parties are directed to submit their proposed questions by each submitting a letter on
the docket under seal within ten days of the date of entry of this Memorandum & Order on the
docket. When the Remmer hearing has been set, the Court will provide notice to the parties.
So Ordered.
Dated: 	Brooklyn, New York
February 7, 2026
/s/ Eric N. Vitaliano
ERIC N. VITALIANO
United States District Judge
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