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Convicted California Terrorist to Go Free

Federal Judge Garland Burrell vacates the sentence of the same terrorist collaborator he convicted

By Lloyd Billingsley, August 1, 2019 7:42 am

Sacramento-based federal Judge Garland E. Burrell has vacated the conviction of Lodi man Hamid Hayat, convicted in 2006, as the U.S. Department of Justice explained, “in connection with a series of terrorism charges related to his 2003/2004 attendance at a jihadi training camp in Pakistan and his 2005 return to the United States with the intent to wage violent jihad.”

As Sam Stanton and Sawsan Morrar note in the Sacramento Bee, the vacating of Hayat’s conviction was a “stunning move” for several reasons. It was Judge Garland Burrell, an appointee of President George H.W. Bush, who sentenced Hayat, to 24 years in prison. Judge Burrell’s July 30 ruling contends that Hayat’s attorney, Wazhma Mojaddidi,provided him with deficient representation.” In reality, she was the attorney Hayat’s handlers wanted.

Wazhma Mojaddidi was a former president of the Council on American-Islamic Relations (CAIR) in Sacramento, and a rising star in the Muslim community. After losing the case, CAIR and the Muslim Legal Fund of America judge-shopped Magistrate Judge Deborah Barnes, a relative newcomer to California’s Eastern District, Barnes and inexperienced in criminal cases

In June of 2017 Barnes began raising questions about the competency of Hayat’s defense. In January of 2018 she ordered an evidentiary hearing, with Hayat’s attorney Dennis Riordan claiming anti-Muslim bias in American courtrooms. On the other hand, Wazhma Mojaddidi denied that she was to blame for losing the case.

Hayat’s attorneys wanted family members to testify by video from Pakistan, which brought objections from prosecutors. In a hearing last January, Barnes duly scheduled two nights of video testimony from witnesses in Pakistani. All testified that Hamid Hayat could not have attended a terrorist training camp.

Barnes then submitted a 116-page recommendation that the conviction of Hamid Hayat be vacated, based on the same performance review of Hayat’s attorney Wazhma Mojaddidi. That recommendation went to federal Judge Garland Burrell, who has now ruled that Hayat’s “convictions and sentence should be vacated.”

That sets the stage for Hayat’s release, a “stunning move” indeed. At this writing, an appeal has yet to be announced.

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2 thoughts on “Convicted California Terrorist to Go Free

  1. https://www.scribd.com/document/420576922/Hamid-Hayat-Napolitano-and-U-S-Attorney-McGregor-Scott-in-My-U-S-Tax-Court-Case

    From: Jaroslaw Waszczuk
    Sent: Tuesday, August 6, 2019 10:32 AM
    To: Dennis P. Riordan
    Cc: martha@boersch-illovsky.com; don@riordan-horgan.com; saad.sweilem3@gmail.com
    Subject: Hamid Hayat -Motion for Miscellaneous Relief

    MINUTE ORDER (TEXT ONLY) re 754 Motion for Miscellaneous Relief – CR Ordered by District Judge Garland E. Burrell, Jr on 8/2/19 The Motion for Release is referred to the Duty Magistrate. The motion shall be scheduled for hearing before the Duty Magistrate Judge. (Furstenau, S) (Entered: 08/02/2019)

    Dear Mr. Riordan;

    Any clue why District Judge Garland E. Burrell Jr. washed out his hands from Hamid Hayat and sent your motion to Magistrate Judge? I am assuming that Judge Barnes is the one to rule on the motion . ? I am wondering why you didn’t try the Ex -Parte instead of the regular motion . This is the urgent matter to release Hayat and Ex -Parte should be appropriate to file . Would you please let me know when you expecting the motion to heard by the Judge Barnes

    I am quite convinced that if I would agree on July 29, 2019 to withdraw my opposition to the Respondent Motion for Protective Order (U.S Tax Court Whistleblower Case ) than District Judge Garland E. Burrell, Jr would not sign the Order on July 29, 2019 to overturn Hayat’s conviction . Hayat never should be locked up . His only fault was that he was member of Pakistani’s community in Lodi, CA where I live since 1989 . If you read the attached U.S Tax Special Trial Judge Order dated July 9, 2019 than you will find out how this Judge tried to convince me to withdrew my opposition to the Motion for Protective Order . My long Reply to the Order of which part was the Hamid Hayat case stated :
    The Protective Order was the issue since March 20, 2019 and was resolved by the U>S Tax Court on July 31, 2019. Big money and 9/11.

    “It was not a coincidence that a new FBI Director, Robert Mueller, appointed in September 2001, gave his okay to find the guy in Lodi and make him a dangerous terrorist and to make the terror case in Lodi, CA. Instead of opening a probe and conducting an investigation to find out who was directly and personally responsible for the ruthless attack on the California Power Grid that almost collapsed in 2001, the FBI Director, rather, ordered the creation of a terrorist and terrorist sleeping cell located in Lodi to serve as a scarecrow and sent 19-year-old Hamid Hayat to 24 years in Federal prison.
    Robert Mueller and Janet Napolitano’s friend, Melinda Haag, was perfectly aware in May 2000–September 2001 who was responsible for the sophisticated scheme of the $40 billion fraud of the California Energy Crisis. They both worked during the relevant time in 2000–2001 for the U.S. Attorney’s Office in the Northern District of California. “
    I am a the third person from Lodi, CA who has been targeted since 2005 by the white collar criminals from the University of California backed up by the California government and judges and justices from the California Courts.
    There has been a 14-year-long desperate effort by the UCOP mafia to frame and to deport me to my native country of Poland. In 1982, the Polish government sent Petitioner to the United States because of my participation in political activities in the anti-communist movement called “Solidarity” to liberate Poland from Soviet domination and communist rulers who had been enslaving the Polish people for 50 years. The UCOP mob also orchestrated an ill-crafted but unsuccessful attempt to provoke and kill me on May 31, 2012 along with portraying him as a Most Wanted Terrorist on September 26, 2012. These acts of terror involved Janet Napolitano’s friend from Arizona and former FBI agent and UCOP Director of Investigation John Lohse who was recruited by the UCOP mob in January 2004 and other criminally minded UCOP , UC Davis and UC Davis Medical Center thugs .


    Jerry Waszczuk

  2. On August 1, 2016, an attorney from the California Attorney General’s office, Deborah L. Barnes, was appointed to the U.S. District Court, Eastern District of California as a Federal Magistrate Judge. On March 23, 2016, I filed:
    2016–present: Federal Magistrate Judge, Eastern District of California
    2003–2016: Office of the Attorney General of California
    Three days later, on August 3, 2016, Barnes was assigned to Lamont Williams v. SMUD in which the parties were represented respectively by Etan R. Rosen SBN 258608 from Beyer, Pongratz & Rosen and by David Burkett SBN 241896 from Porter Scott Law Corp.
    The Sacramento Municipal Utility District was a participant in the scheme of fraud in the California Energy Crisis and participated in the UC Regent’s fraud as a buyer of laundered megawatts (electric power) worth tens of millions of dollars from the UC Davis 27 MW Cogeneration Power Plant. The power was generated and sold in violation of the Public Utility Regulatory Policies Act of 1978 (PURPA) Business and Professions Code § 17200 and Section 501(c)(3) of the Internal Revenue Code of 1954 and State of California Revenue and Taxation Code by laundering generated power and not paying taxes on the unlawful profit.
    On August 3, 2016, the same day as Hon. Barnes was appointed to the case, SMUD’s attorney, David Burkett, submitted to the Court a Notice of Settlement and on the same day, August 3, 2016, the case was settled then disappeared from the public view on August 11, 2016.
    On the same day, August 3, 2016, Judge Barnes was appointed to the 2005 terrorism case from Lodi, California, where I have been residing since 1989. The case The United States of America v. Hamid Hayat, Case No. 2:05-cr-00240-GEB-DB, was filed on June 16, 2005. Hamid Hayat was a 19-year-old cherry picker from Lodi of Pakistani descent who was accused of associating with terrorist organization Al-Qaeda, was jailed upon his return from Pakistan in May 2005, and prosecuted by Janet Napolitano friend, U.S. attorney from the Eastern District of California, McGregor Scott. Hayat was sentenced to 24 years in Federal prison in 2007.

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