1:22-cr-00553•USA v. HASHIMI et al
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1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------------- x : : : : : : : : : x MEMORANDUM & ORDER 22-cr-553 (ENV) UNITED STATES OF AMERICA -against- ABDULLAH AT TAQI, Defendant. ------------------------------------------------------------- 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. Case 1:22-cr-00553-ENV Document 230 Filed 02/12/26 Page 1 of 3 PageID #: <pageID>
2 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. Case 1:22-cr-00553-ENV Document 230 Filed 02/12/26 Page 2 of 3 PageID #: <pageID>
3 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 Case 1:22-cr-00553-ENV Document 230 Filed 02/12/26 Page 3 of 3 PageID #: <pageID>
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