Block on Trump's Asylum Ban Upheld by Supreme Court
Defendants' convictions for violating government restrictions on communications and other contacts with Sheikh Omar Ahmad Ali Abdel Rahman, a high-security federal prisoner, are affirmed in part where: 1) defendants concealed their efforts to obtain statements from Rahman to publicize on his behalf; 2) Rahman's attorney agreed to the restrictions and thus could not collaterally attack their constitutionality; and 3) a reasonable jury could have found that defendants participated in a conspiracy to murder persons abroad. However, the sentence of one defendant, who was Rahman's attorney, is vacated where the district court needed to 1) reconsider the extent to which her status as a lawyer affected the appropriate sentence; and 2) determine whether defendant's conduct was perjurious and, if so, determine its effect on her sentence.
Argued: January 29, 2008
Decided: November 17, 2009
Opinion by Judge Sack
Concurrence by Judge Calabresi
Dissent by Judge Walker
Anthony S. Barkow, Andrew S. Dember, Michael D. Maimin, Diane Gujarati, Katherine Polk Failla and Celeste L. Koeleveld, Assistant United States Attorneys, New York, NY