"Asif Merchant wants EDNY to provide all the spying the FBI did targeting him - or at least the spying that they say matches the calls he made while they were surveilling him. As you'll recall, Merchant is the Pakistani guy that EDNY arrested in July 2024 for allegedly soliciting someone to kill political targets, possibly including Donald Trump. Since then, Merchant has been sitting in prison, under communication restrictions, awaiting trial, which is currently scheduled for February 23, 2026."
"Discovery has revealed that Asif was under investigation before he arrived in the United States, and he was under surveillance from the moment he arrived in this c ountry. In addition, Asif was the subject of electronic surveillance under the Foreign Intelligence Surveillance Act ("FISA"). ( See Notice of Intent to Use Foreign Intelligence Surveillance Act , Docket Entry No. 20). As a result, the government is in possession of his communications which it obtained through th is electronic surveillance. In addition,"
Asif Merchant was arrested by EDNY in July 2024 on allegations of soliciting someone to kill political targets, possibly including Donald Trump. Merchant has remained detained with communication restrictions and is scheduled for trial on February 23, 2026. DOJ notified Merchant on October 2, 2024 that FISA was used to locate him. The CIPA process began on December 20, 2024, and a CIPA Section 4 motion was filed on July 11, followed by a meeting with Judge Eric Komitee on August 11. Judge Komitee ordered the government to provide discussed materials to the Court Information Security Officer. Discovery shows Merchant was under investigation and subject to FISA electronic surveillance before and during his time in the United States, and the government possesses communications obtained via that surveillance. Defense counsel seek judicial intervention in a related discovery dispute.
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