United States v. Musaibli, No. 22-1013 (6th Cir. 2022)
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The Sixth Circuit reversed the judgment of the district court denying the government's motion to admit records documenting a terrorist group's organizational structure, logistics, and activities as statements of co-conspirators under Fed. R. Evid. 801(d)(2)(E), holding that the district court erred.
A grant jury indicted Defendant for his ISIS-related activities. Before trial, the government identified certain exhibits recovered from various ISIS facilities and moved to admit the documents as statements of co-conspirators admissible under Fed. R. Evid. 801(d)(2)(E). The district court denied the government's motion. The Sixth Circuit reversed, holding that the government adequately defined the scope of the conspiracy that it claimed existed, and the district court clearly erred in ruling otherwise.
The court issued a subsequent related opinion or order on September 13, 2022.
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