United States v. Shah

OPINION AND ORDER

PRESKA, District Judge.

Defendant Rafiq Sabir (“Sabir”) is charged as part of a four-count fourth superseding indictment (the “Indictment”) with conspiring to provide, and providing and attempting to provide, “material support or resources” to al Qaeda, in the form of “medical support to wounded jihadists,” in violation of 18 U.S.C. § 2339B (“ § 2339B”). At conferences held on October 30, 2006 and January 17, 2007, the Court heard oral argument on, inter alia, Sabir’s motion to dismiss the Indictment on the ground that it is unconstitutional to prosecute a doctor under § 2339B…