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1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF AMERICA, CRIMINAL NO. 2:13-cr-20772 Plaintiff, HONORABLE GERSHWIN A. DRAIN vs. D-1 RASMIEH YOUSEF ODEH, Defendant.  ____________________________/ MOTION OF THE UNITED STATES TO EMPANEL AN ANONYMOUS JURY AND TO TAKE OTHER MEASURES NECESSARY TO ENSURE AN UNTAINTED JURY  NOW COMES the United States and for its Motion to Empanel an Anonymous Jury and to Take Other Measures Necessary to Ensure an Untainted Jury, states the following: 1.
 
Defendant has been charged in an indictment with Unlawful Procurement of Naturalization, in violation of 18 U.S.C. § 1425(a). 2.
 
Defendant is the Associate Director of the Arab American Action  Network (AAAN), located in Chicago, Illinois. Hatem Abudayyeh is the Executive Director of the AAAN. 3.
 
Since the date of defendant’s arrest for naturalization fraud, Hatem Abudayyeh has orchestrated a concerted effort to influence the criminal
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2  proceedings against defendant, which has resulted, at each proceeding, in a large group outside the Courthouse protesting and parading, carrying signs demanding dismissal of charges and “Justice for Rasmea” and displaying the Palestinian flag. See Appendix to Brief in Support of Motion. Hatem Abudayyeh has publicly stated that a goal of filling the courtroom, rallying outside the courthouse, and chanting while holding posters is to influence the opinions of jurors. Mr. Abudayyeh also has told Deputy United States Marshals that he intends to be contentious with their efforts to maintain order and proper decorum. 4.
 
Influencing the opinions of jurors and potential jurors through extra- judicial means is obviously improper and, as discussed in the accompanying brief, almost certainly criminal. 5.
 
Given this concerted effort to sway the jury, the empaneling of an anonymous jury is necessary to protect the jury from improper influence. Such a  procedure has been used in a number of cases in this Court, including most recently
United States v. Umar Farouk Abdulmutallab
, 2:10-cr-20005.
6.
 
In addition, the United States requests what the United States Marshal Service refers to as a partial sequestration, in which instead of arriving at the Courthouse on their own each morning, the jurors will be directed to meet at an off-site location to be determined by the Marshal and driven to the Courthouse
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3 garage, thereby not requiring jurors to cross through a protesting mob which is seeking to influence the proceedings. This procedure has been used in other trials in the Court, most recently that involving Kwame Kilpatrick.
 
7.
 
Pursuant to Local Rule 7.1(a)(2)(A), on October 3, 2014, the undersigned sought concurrence of Michael Deutsch, James Fennerty and William Goodman, counsel for the defendant, who refused to concur in the relief sought, necessitating the filing of the instant motion and brief. WHEREFORE, the government prays that the Court grant its motion and order the use of an anonymous jury, and that the Court order the United States Marshal Service to provide for off-site parking and transportation to and from the courthouse for each trial session.
 
Respectfully submitted, BARBARA L. MCQUADE United States Attorney s/Jonathan Tukel s/Mark J. Jebson JONATHAN TUKEL (P41642) MARK J. JEBSON (P53457) Assistant United States Attorney Special Assistant U.S. Attorney 211 West Fort Street, Suite 2001 211 W. Fort, Suite 2001 Detroit, MI 48226 Detroit, MI 48226 (313) 226-9749 (313) 226-9698  jonathan.tukel@usdoj.gov mark.jebson@dhs.gov Dated: October 3, 2014
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