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U.S. v. Asainov

CIPA Protective Order, Anonymous Jury Granted in Action Against ISIS Fighter

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MEMORANDUM & ORDER In this criminal prosecution, Ruslan Asainov is charged with providing and conspiring to provide material support to a foreign terrorist organization, receiving military-type training from a foreign terrorist organization, and obstruction of justice. Pending before the court is the Government’s ex parte motion for a protective order pursuant to the Classified Information Procedures Act (“CIPA”) §4 and motion in limine for an anonymous jury. For the reasons explained below, the Government’s motions are GRANTED. I. BACKGROUND The Government commenced its prosecution of Asainov, a United States citizen and former resident of Brooldyn, New York, with a criminal complaint in the Eastern District of New York on July 2, 2018. (See Compl. (Dkt. 1).) The Complaint alleged that on December 24, 2013, Asainov boarded a one-way flight to Istanbul, Turkey, a common transit point to obtain entry into Syria. (Id.

5-6.) In later communications with a confidential informant (“CI”), Asainov represented that he was in fact in Syria and fighting on behalf of the Islamic State of Iraq and al-Sham (“ISIS”), an alias for al-Qaeda, a recognized Foreign Terrorist Organization under Section 219 of the Immigration and Nationality Act. (Id.

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