Nayyar Zaidi

Persecution of Journalist Syed Haider Karrar Zaidi

Pakistani-American Journalist Nayyar Zaidi Sentenced to 128 Months in Prison After a Jury Issued its Guilty Verdict Within 5 Minutes

Both so-called mother and her so-called minor daughter, 13, were fake characters of a fictitious story fabricated by the US FBI or police

SYED ADEEB

Syed Zaidi

Syed Zaidi

(AdeebMedia.com Special Report) – Pakistani-American journalist Syed Haider Karrar Zaidi (pen-name: Nayyar Zaidi), 73, was convicted within five (5) minutes by a mysterious jury in January 2010 in the United States District Court (Ohio’s Northern District) of US District Judge Donald C. Nugent. “Syed Zaidi was sentenced to 128 months [10 years and 8 months] in prison in April [2010] after a jury convicted him of enticement and travel with intent to engage in sexually explicit conduct”, according to a press release of the US Department of Justice, dated 2 August 2010. Syed Zaidi (Register No. 55631-060) is now locked up at the US Federal Medical Center (FMC) Devens in Ayer, Massachusetts, USA. His prison/FMC release date is 5 July 2017.

US citizen Syed Zaidi has written that he never committed any sex crime. He has also pointed out that he was cunningly framed, wrongly arrested on 20 March 2008 in Canton, Ohio, USA, by the US FBI or the Massillon Police (MPD), unjustly prosecuted during his unfair/unjust trial and maliciously persecuted in the kangaroo courts of America by the US injustice system, because he journalistically criticized the US foreign policies and its wars of terror that have massacred, injured, tortured, raped, robbed, displaced, persecuted and harmed millions of innocent Pakistanis, Afghans, Iraqis, Syrians, Libyans, Palestinians, Lebanese, Arabs, Muslims and other humans in many oppressed nations of the world.

Journalist Syed Zaidi (Nayyar Zaidi) was the Washington Correspondent of The News International, daily Jang, Geo News TV, weekly Akhbar-e-Jehan and MAG the Weekly of Pakistan; former International Broadcaster of the Voice of America (VOA) Urdu Radio; and ex-commentator for CNN, BBC Urdu and PTV based in Woodbridge, Virginia, USA. He is married and he is the father of 5 children.

Jury in a Hurry

About the Syed Zaidi case (The USA v. Syed Zaidi case No. 10-3484 from the Northern District of Ohio at Akron – Judge Donald C. Nugent), American journalist Michael K. McIntyre wrote:

Cleveland, Ohio, USA, January 23, 2010 (cleveland.com) – “It has to rank among the quickest verdicts ever for the U.S. District Court of Northern Ohio.”

“A jury on Thursday found Syed Haider Karrar Zaidi guilty of enticing a minor to have sex and traveling to meet her. It reached the verdicts in less than five minutes. That’s right. The jury picked a foreman, voted, signed the verdict sheets and pressed the button to summon Judge Donald Nugent in less time than it takes to get a coffee at Starbucks.”

“Perhaps Zaidi would have received a little more consideration had he not chosen to defend himself.”

“Prosecutors accused Zaidi of driving to Canton from Virginia intending to have sex with a mother and her 13-year-old daughter. The “mother”, who spoke with Zaidi in taped phone conversations, turned out to be a male undercover officer using a voice synthesizer to sound like a woman.”

“While Zaidi may have saved a few dollars by serving as his own lawyer, he may have gained a few years – in prison. When sentenced, Zaidi could get life, Assistant U.S. Attorney Carol Skutnik said.”

Why did a male US FBI or undercover police officer clandestinely change his voice and allegedly or reportedly talked to Syed Zaidi like a seductive female (mother) to target or trap the Pakistani-American journalist?

Zaidi v. U.S. Sentencing Commission

United States District Court, Washington DC.
Civil Action No. 14-1308 (JDB). 144 F.Supp.3d 1 (2015)
Syed Haider Karrar ZAIDI, Plaintiff, v. UNITED STATES SENTENCING COMMISSION, et al., Defendants.
Attorney(s) appearing for the Case:
Syed Haider Karrar Zaidi, Loretto, PA, pro se.
Kenneth A. Adebonojo, U.S. Attorney’s Office, Washington, DC, for Defendants.

In his MEMORANDUM OPINION & ORDER, dated 10 November 2015, United States District Judge JOHN D. BATES wrote:

In 2008, after several months of sexually explicit communication by internet and phone, plaintiff Syed Haider Karrar Zaidi traveled from Virginia to Ohio to meet a thirteen-year-old girl and her mother. The “mother,” however, was an undercover police officer, and the “daughter” entirely fictitious. Zaidi was arrested and eventually convicted of attempted coercion and enticement of a minor under 18 U.S.C. § 2422(b), and of traveling across state lines for the purpose of engaging in sexual conduct with a minor under 18 U.S.C. § 2423(b). He was sentenced in the District Court for the Northern District of Ohio to two concurrent terms of 128 months of imprisonment and ten years of supervised release.

Zaidi appealed his conviction and sentence, arguing (among other things) that provisions of the federal Sentencing Guidelines treating fictional minors as victims were contrary to the pertinent criminal statutes, which in Zaidi’s view prohibited only conduct aimed at actual individuals. See United States v. Zaidi, No. 10-3484, slip op. at 4 (6th Cir. June 7, 2011). The Sixth Circuit rejected this argument, noting that “all authorities are to the contrary.” Id. Zaidi then moved for habeas relief under 28 U.S.C. § 2255, raising essentially the same argument (among others) again. The district court denied Zaidi’s motion, Zaidi v. United States, 2013 WL 978222 (N.D. Ohio Mar. 12, 2013), and the Sixth Circuit rejected his request for a certificate of appealability, Zaidi v. United States, No. 13-3289, slip op. at 2-3 (6th Cir. Aug. 26, 2013).

Stymied as a criminal defendant, Zaidi decided to become a civil plaintiff. He filed this suit, framed as a declaratory judgment action, against the Sentencing Commission and other federal defendants he holds responsible for implementing the Sentencing Guidelines. His complaint asks the Court to declare that the provisions of the Guidelines encompassing fictitious victims are “unlawful and unconstitutional,” because these provisions “constitute new ‘laws’ which only the United States Congress has the power to make.” Compl. [ECF No. 1] at 2, 30. He also asks the Court to declare that, as a result, his conviction and sentence are “null and void.” Id. at 30.

Defendants moved to dismiss the case, and the Court granted that motion. See July 22, 2015 Mem. Op. & Order [ECF No. 21]. Zaidi has now moved for reconsideration. See Pl.’s Mot. for Reconsideration [ECF No. 22]. His motion contains some points that are well taken, and the Court has therefore decided to vacate its prior opinion and order. But although the Court has reconsidered its reasoning, the outcome remains the same. No matter how this case is viewed, the Court concludes it must be dismissed without reaching the merits of Zaidi’s claims. See Sinochem Int’l Co. v. Malaysia Int’l Shipping Corp., 549 U.S. 422, 431 (2007) (recognizing courts’ “leeway to choose among threshold grounds for denying audience to a case on the merits” (internal quotation marks omitted)).

The D.C. Circuit has recognized that sometimes a declaratory judgment action is not really a declaratory judgment action—but is instead a habeas corpus action. This follows from the rule that any claim that “will necessarily imply the invalidity of [a federal prisoner’s] confinement or shorten its duration” if successful must be brought in habeas. Davis v. U.S. Sentencing Comm’n, 716 F.3d 660, 666 (D.C. Cir. 2013) (internal quotation marks omitted). Thus, in Monk v. Secretary of the Navy, for instance, when a military prisoner sought a judgment that (among other things) would “declare his conviction and sentence illegal and void,” the court concluded that his “action must be construed as a petition for a writ of habeas corpus.” 793 F.2d 364, 366 (D.C. Cir. 1986). That he had “not requested immediate release” was “immaterial,” because “immediate release or a new trial would follow automatically” in a subsequent suit as a result of preclusion. Id. It was likewise irrelevant that his suit sought back pay—a form of relief unavailable in habeas—because that claim was “entirely dependent upon the validity of his underlying conviction.” Id.; see also Rooney v. Sec’y of Army, 405 F.3d 1029, 1031 (D.C. Cir. 2005) (“Rooney’s declaratory judgment action must . . . be treated as a habeas petition.”).

Zaidi’s suit fits this mold. Like Monk’s, Zaidi’s complaint does not ask for immediate release, but does candidly request that the Court declare his conviction and sentence “null and void.” Compl. at 30. Indeed, if not aimed at invalidating his sentence, Zaidi’s suit would not appear to do anything at all. Unlike the plaintiff in Davis v. U.S. Sentencing Commission, who sought a declaratory judgment that would have allowed him to subsequently request a discretionary sentence reduction, Zaidi’s suit does not seek (and would not create) such a stepping stone to discretionary relief. See 716 F.3d at 666 (concluding that Davis’s claim could proceed outside habeas). And Zaidi cannot seek a declaration of the challenged provisions’ unconstitutionality just for the sake of vindicating his view of the law. Such a suit would not redress any concrete injury and hence would fail for lack of Article III standing. See, e.g., Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 102-04 (1998). The suggestion in Zaidi’s complaint that his status “as a United States Citizen and Taxpayer,” Compl. at 5, would by itself give him standing to challenge the provisions is simply incorrect. See Ariz. Christian Sch. Tuition Org. v. Winn, 131 S. Ct. 1436, 1441-46 (2011) (explaining the general rule against taxpayer standing and the narrow exception for certain challenges under the Establishment Clause). Zaidi’s suit must therefore be treated as a habeas application.

But this Court cannot entertain such an application from Zaidi. A federal prisoner like Zaidi is required to seek habeas relief through a motion under § 2255 “unless it . . . appears that the remedy by motion is inadequate or ineffective to test the legality of his detention.” 28 U.S.C. § 2255(e). It does not appear that § 2255 is an “inadequate or ineffective” way for Zaidi to bring this challenge to his sentence, so § 2255 is the mechanism he must use. See, e.g., Neal v. Gonzales, 258 F. App’x 339, 340 (D.C. Cir. 2007) (“The § 2255 remedy is not inadequate or ineffective simply because § 2255 relief has already been denied . . . .”). And that mechanism requires him to seek relief from “the court which imposed the sentence,” 28 U.S.C. § 2255(a)—namely, the District Court for the Northern District of Ohio.

Even if Zaidi could file a habeas petition under 28 U.S.C. § 2241, the proper forum would be the Western District of Pennsylvania, the district of Zaidi’s confinement. See Rumsfeld v. Padilla, 542 U.S. 426, 447 (2004). ——–

Although this Court could in theory transfer this case to the Northern District of Ohio, it will not do so. As noted, Zaidi has already filed one § 2255 motion in the district court there. That court could not consider a second motion absent the proper certification from the court of appeals, which Zaidi has not sought, let alone obtained. See 28 U.S.C. § 2255(h). Nor, given the nature of Zaidi’s claims, does it appear likely that such certification would be granted. It is therefore not in the interest of justice to transfer the case (to either the Northern District of Ohio or the Sixth Circuit). See Lee v. Dep’t of Justice, No. 01-5215, 2002 WL 335532, at *1 (D.C. Cir. Jan. 25, 2002) (transfer of second § 2255 motion unwarranted). The Court will therefore dismiss the case on this threshold ground.

ORDER
For the foregoing reasons, and upon consideration of the entire record herein, it is hereby ORDERED that [22] plaintiff’s motion for reconsideration is GRANTED IN PART and DENIED IN PART; it is further ORDERED that [21] the Court’s July 22, 2015 Memorandum Opinion & Order is VACATED; it is further
ORDERED that [10] defendants’ motion to dismiss is GRANTED; it is further
ORDERED that [13] plaintiff’s motion for summary judgment is DENIED; it is further ORDERED that [7] [8] [9] [16] plaintiff’s additional motions are DENIED AS MOOT; and it is further ORDERED that this case is DISMISSED.
SO ORDERED.
/s/_________

JOHN D. BATES
United States District Judge
Dated: November 10, 2015

Nayyar Zaidi Should Write Newspaper/Website Articles About His Case

Syed Zaidi was reportedly arrested on 20 March 2008 at 3 PM in the parking lot of 4220 Belden Village Street, NW, Canton, Ohio 44718 by the Massillon Police (MPD) or the US FBI, booked at the Stark County Jail in Ohio and charged with four sex crimes (“2923.02A (F3) – ATTEMPTED/illegal use of a minor in sex performance. 2923.02A (F3) – ATTEMPTED/endangering children. 2923.02A (F4) – ATTEMPTED/unlawful sex with a minor. 2907.07D2 (F5) – importuning telecommunication device”). The exact location in Ohio, USA, and the time of his arrest are not mentioned in the following Online Case Docket of Zaidi.

Why did Journalist Syed Zaidi drive in his car from Woodbridge, Virginia to Canton, Ohio on 20 March 2008 where he was arrested? Zaidi should himself answer this key question with details by writing a new newspaper or website article.

Where is Real Legal Justice?

But where is the real legal justice for Pakistani-American journalist Syed Haider Karrar Zaidi (Nayyar Zaidi)?

REFERENCES:

1. Online Case Docket of Syed Zaidi – 2008 CRA 00614

2. U.S. Wiretapping Controversy – Interview of Nayyar Zaidi with CNN TV Program Insight Host Jonathan Mann: Consider the case of an American citizen of Pakistani descent living in Washington who says his phone calls were monitored by the U.S. Government. He may be a familiar face. His name is Nayyar Zaidi and he is the Washington Correspondent for Pakistan’s “Daily Jang”, a frequent guest on CNN who is with us once again today. Thanks so much for being with us. What happened to you?

3. Female officer caught kissing her married police chief boss in squad car as burglary suspect slept in the back seat

4. Facebook Group About the Syed Zaidi Case

5. Some Journalists Face Arrest, Interrogation and Lawsuits: America’s Reporters Committee for Freedom of the Press

[Mr. Syed Adeebhttp://www.SyedAdeeb.net – is America’s investigative journalist, Chief Editor of the Information Press – (InformPress.com – AdeebMedia.com – AdeebPress.com) – Director of the Human Rights Justice Forum (HRJF) – based in Virginia, USA. – Monday, 21 November 2016]

© Copyright: Adeeb Media – http://www.AdeebMedia.com – 2016-2017 – USA

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