USA v. Merchant

OCR transcription for search; preserved printed pages are authoritative

Case 1:24-cr-00362-EK-JRC
Document 115
Filed 02/06/26 Page 1 of 19 PageID #:
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA, - V. -
ASIF MERCHANT
Defendant.
24-CR-362 (EK)
THE HONORABLE ERIC KOMITEE UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK 225 CADMAN PLAZA EAST BROOKLYN, NEW YORK
*IMPORTANT Jurors are instructed to call 1-800-587-6775 on Friday, February 20, 2026 after 7:00 p.m. for further reporting instructions.
AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO

Juror Number: _________
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24-CR-362 (EK)
Juror Information
The answers to the questions on this page will be disclosed only to the appropriate court
personnel as directed by the presiding judge.
Please print the following information:
Name: ______________________________________________________________________
Address: ____________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Home Telephone: _____________________________________________________________
Work Telephone: ______________________________________________________________
Cellphone: ___________________________________________________________________
WHEN YOU HAVE COMPLETED THE QUESTIONNAIRE, PLEASE COMPLETE
THE FOLLOWING DECLARATION:
DECLARATION
I solemnly state that the answers to the questions set forth in the attached questionnaire
are, to the very best of my ability, true and correct.
Date: __________ 	_______________________
(signature)
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(PLEASE PRINT LEGIBLY USING DARK INK)
UNITED STATES OF AMERICA v. ASIF MERCHANT
24-CR-362 (EK)
JUROR QUESTIONNAIRE
PRELIMINARY INSTRUCTIONS:
Welcome to the courthouse and thank you for participating in jury service. You are here
today for one purpose only: to complete a juror questionnaire. The trial and jury selection
process will not start today. Once you have completed the questionnaire, you are done for the
day. You will be given instructions before you leave about when to return for jury service.
This questionnaire is an important part of the jury selection process. You are sworn to
give complete and truthful answers – under penalty of perjury – to the questions that follow. All
of the information you provide will be kept confidential and will be seen only by the Judge, the
Clerk’s Office and the members of the prosecution and defense team, including the defendant.
When you return for the trial itself, you may be asked some follow-up questions about your
responses.
Citizens in our community hold different views and have had different life experiences
that inform those views. We are genuinely interested in learning your views and feelings on a
variety of issues. There are no “right” or “wrong” answers to these questions; just answer
honestly and completely. Please answer each question by placing a check next to the correct
response and by providing the information requested. Take your time and answer each question
as fully as possible. Answer all questions. Do not leave any answer blank. If a question does
not apply to you, fill in the space with an “N/A” for “not applicable.” If you cannot answer a
question because you do not understand it or do not know the answer, fill in the space with “Do
Not Understand” or “Do Not Know.” Write in dark ink and as legibly as possible. If you need
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24-CR-362 (EK)
extra space, you may continue your answer in the space provided at the end of the questionnaire.
Please write your assigned juror number in the space provided at the top of each page as
indicated.
It is important that the jury in no way be influenced by the public or the media. Do not
discuss this questionnaire or your answers with friends, family, co-workers, court personnel or
anyone else. The answers that you provide must be yours and yours alone. From this point
forward, do not read or listen to any news about this case, including anything about the case on
TV, radio, newspaper, websites, blogs, or social media. Do not discuss this case with anyone,
including your family. Do not discuss or post anything about this case on any platform,
including TV, radio, newspaper, websites, logs, or social media. Do not research this case, the
people involved, any of the facts presented in this questionnaire, any prior court proceedings, the
lawyers and/or the Judge. This includes research conducted on the internet or through any other
source of information. If you do read, listen, watch, or overhear information about this case
from any sources outside the courtroom, you must notify courtroom staff immediately.
In many federal court cases, it is a common practice to keep the names and identities of
the jurors in confidence. This is not unusual in any way. Experience has shown that, in a case
like this, it is wise to take such steps as are deemed necessary to make certain that the juror’s
right to privacy is respected. Accordingly, we are following this procedure. The media and
members of the public will be curious about the identity of the jurors, the witnesses, the lawyers,
and all other participants, and may seek to inquire into their personal affairs. Anonymity will
assure that the jury will not be exposed to such prying and to opinions, commentaries, and
inquiries that might impair its ability to decide the case solely upon the evidence presented in
court and upon the law as the court instructs. It is important to ensure that the jury will in no
way be influenced by the public, by the members of the media, and their articles and reports.
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The court emphasizes that it is taking these measures to protect your rights of privacy and to
assist you in discharging your responsibility as jurors independently, fairly and impartially. It
will also permit the media complete freedom of coverage of this trial.
To ensure that your rights of privacy will be respected, only the second page of the
attached questionnaire asks you to state your name and other identifying information. That page
will be detached from the questionnaire when you have completed it and will be locked securely
in the office of the Clerk of the Court to be disclosed only to appropriate court personnel as the
judge directs. It will not be available to anyone, including the prosecutors, the defendant, and
his attorneys. On the remaining pages of the questionnaire, you are instructed not to give names
or addresses or any information that will permit anyone, even the judge, to identify you.
However, you must be sure to write the Juror Number assigned to you at the top of each page in
the space provided.
Jury service is one of the most important duties a citizen can be called on to perform.
You will fulfill that civic duty by responding completely and honestly during jury selection. The
Court appreciates your participation and cooperation.
Eric Komitee
United States District Judge
SUMMARY OF THE CASE:
This is a criminal case. Defendant Asif Merchant was charged in a two-count indictment.
He has denied both charges. Count One alleges that Merchant attempted to commit an act of
terrorism transcending national boundaries. Count Two alleges that he engaged in a murder-for-
hire scheme.
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PLEASE ANSWER THE FOLLOWING QUESTIONS:
Background
1. 	What is your gender?
_____________________________
2. 	How old are you?
___________
3. 	Where were you born? (If outside the U.S., please tell us the country.)
___________________________________________________
4. 	In what city/town do you now live?
___________________________________________________
5. 	Which of the following describes you? (Please check all that apply.)
MARRIED ______
SINGLE: NEVER MARRIED _______ 	DIVORCED ______
SEPARATED _______ 	WIDOWED _______
LIVING WITH A PARTNER OR SIGNIFICANT OTHER _______
6. 	Are you a United States citizen?
YES _______ 	NO _______
7. 	Are you a citizen of any other country?
YES _______ 	NO _______
8. 	If yes, which country?
________________________________
9. 	Do you speak, read, or understand any languages other than English? If so, which
ones?
________________________________
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Education
10. 	What is the highest grade you have completed in school?
Elementary/High School Grades: 1-7 ____ 	8-9 ____ 	10 _____ 	11 _____ 	12 _____
College: 1 year _____ 	2 years _____ 	3 years _____ 	4 years _____
Graduate: Masters ________ 	Doctorate _______
Employment
11. 	Have you or an immediate family member ever served in the military (including
the reserves, National Guard, or ROTC)?
YES _______ 	NO _______
12. 	If yes, please indicate who and which branch of service.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
13. 	If you are currently employed, what is your job description?
___________________________________________________
14. 	If you are employed, how long have you worked at your job?
___________
15. 	If your spouse or partner is employed outside the home, what is their job
description?
___________________________________________________
16. 	If you are retired, what was your job description?
___________________________________________________
17. 	If your spouse is retired, what is their prior job description?
___________________________________________________
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Interests and Media Consumption
18. 	Do you belong to or volunteer your time at any associations, organizations, clubs,
religious organization, or unions? (Please list below.)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
19. 	How do you get your news?
_____________________________________________________________________
_____________________________________________________________________
20. 	What types of books, periodicals, and/or websites do you like to read?
_____________________________________________________________________
_____________________________________________________________________
21. 	Do you use social media?
YES _______ 	NO _______
22. 	If so, which social media platforms?
___________________________________________________
Experience with Legal System
23. 	Have you ever been a juror? If yes, please provide the year of service, whether it
was state or federal, criminal or civil, grand jury or a trial, and without indicating what
the verdict was, whether there was a verdict.
YES _______ 	NO _______
_____________________________________________________________________
_____________________________________________________________________
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24. 	If you have previously served as a juror, is there anything about that prior jury
service that would affect your ability to be a fair and impartial juror in this case, would
make you not want to serve again, or affected your opinion about the jury system? If yes,
please explain.
YES _______ 	NO _______
_____________________________________________________________________
_____________________________________________________________________
25. 	Have you ever appeared or testified as a witness in any investigation or legal
proceeding?
YES _______ 	NO _______
26. 	If you have appeared or testified, what was the proceeding and what was your
role?
___________________________________________________
27. 	Have you or a close family member ever been involved in a lawsuit?
YES _______ 	NO _______
28. 	If so, for each lawsuit please explain what the lawsuit was about?
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
29. 	Have you, or any of your close friends or relatives, ever been the victim of a
crime or a witness to a crime? What was the nature of the crime? Is there anything about
those experiences that would affect your ability to be fair and impartial in this case?
YES _______ 	NO _______
_____________________________________________________________________
_____________________________________________________________________
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30. 	Have you or any member of your immediate family ever been stopped,
questioned, investigated, arrested, prosecuted, or convicted of a crime (other than a traffic
ticket) by any law enforcement officer or agency?
YES _______ 	NO _______
31. 	If you answered “yes” to question 30, please describe the circumstances. If more
than one instance occurred, please describe each instance. Would that experience affect
your ability to be fair and impartial in this case?
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
32. 	Do you have, or have you ever had, a close friend or family member in prison?
YES _______ 	NO _______
33. 	If you answered “yes” to question 32, please describe the circumstances. If there
is more than one person for whom you answered yes, please describe the circumstances
for each one. Would that experience affect your ability to be fair and impartial in this
case?
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
34. 	Have you, a family member, or anyone close to you ever been employed,
volunteered or had any other affiliation with any aspect of criminal prosecutions or
criminal defense work (or applied or planned to apply to do so)?
YES _______ 	NO _______
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35. 	If yes, please indicate who, the area of law, type of work/experience, date, and
location.
____________________________________________________________________
____________________________________________________________________
The Case and Related Matters
36. 	Do you know, or have you had any direct or indirect dealings with the United
States Department of Justice (“DOJ”), the Federal Bureau of Investigation (“FBI”), the
National Security Agency (“NSA”), the Department of Homeland Security (“DHS”),
Customs and Border Patrol (“CBP”), or any other part of the United States government?
YES _______ NO _______
37. 	Have you, a family member, or anyone close to you ever been employed by any
law enforcement agency or any government agency?
YES _______ 	NO _______
38. 	If you answered “yes” to questions 36 or 37, please explain the circumstances for
each “yes” answer:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
39. 	You may hear evidence regarding an attempt to harm United States government
officials or other people in the United States. Are there any U.S. government officials or
political party members who, if they were targeted to be harmed, you would be unable to
render a fair and impartial verdict in this case?
YES _______ 	NO _______
40. 	If the evidence in this case proves the defendant’s guilt beyond a reasonable
doubt, will you be able to find him guilty even if the target was an official or politician
whom you dislike or with whose policies you strongly disagree?
YES _______ 	NO _______
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41. 	Conversely, if you like the purported victim, but the evidence does not prove the
defendant’s guilt beyond a reasonable doubt, would you have any hesitation in finding
the defendant not guilty?
YES _______ 	NO _______
42. 	If President Trump was the government official targeted, do you have any
opinions or views concerning President Trump that would impact your ability to be fair
and impartial?
YES _______ 	NO _______
43. 	If former President Biden was the government official targeted, do you have any
opinions or views concerning former President Biden that would impact your ability to
be fair and impartial?
YES _______ 	NO _______
44. 	Do you have any opinions or views concerning the Islamic Revolutionary Guard
Corps, also known as the IRGC? If so, explain.
YES _______ 	NO _______
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
45. 	Have you heard or seen anything concerning this case including news reports,
social media postings, blog entries, or print articles?
YES _______ 	NO _______
46. 	Have you ever lived in or visited Pakistan?
YES _______ 	NO _______
47. 	Do you have any relatives or close friends who live or have lived in Pakistan?
YES _______ 	NO _______
48. 	If so, what is their relationship to you?
_______________________________________________________________________
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49. 	Have you ever lived in or visited Iran?
YES _______ 	NO _______
50. 	Do you have any relatives or close friends who live or have lived in Iran?
YES _______ 	NO _______
51. 	If so, what is their relationship to you?
_______________________________________________________________________
52. 	Do you have any opinions or views concerning the Islamic Republic of Iran and
its government?
YES _______ 	NO ______
53. 	Do you have any views or opinions on the use of undercover law enforcement
tactics that may impact your ability to be fair and impartial in this case?
YES _______ 	NO _______
54. 	If you answered “yes,” please explain.
_______________________________________________________________________
_______________________________________________________________________
55. 	Do you have any bias or strong feeling for or against the foreign policy of the
United States?
YES _______ 	NO _______
56. 	Have you or any members of your immediate family been a member of a group
that lobbies or takes public positions on any government, law enforcement, or foreign
policy issues?
YES _______ 	NO _______
57. 	Do you post on social media or blogs about conflict in the Middle East, American
foreign policy, or law enforcement issues?
YES _______ 	NO _______
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58. 	Do you believe a person from a foreign country who is not a United States citizen
is entitled to the same rights and protections as a United States citizen if they are accused
of committing a crime and prosecuted in an American court?
YES _______ 	NO _______
Legal Principles and Court’s Instructions
59. 	Will you be able to accept the proposition that the question of punishment is for
the Court alone to decide and that the possible punishment must not enter into the
deliberations of the jurors as to whether a defendant on trial is guilty?
YES _______ 	NO _______
60. 	It is the law that the testimony of a single witness can be sufficient to convict a
defendant of a charged crime, if the jury finds that the testimony of that witness
establishes proof beyond a reasonable doubt. Do you have any opinion or belief about
that law or beliefs that would prevent you from applying this rule of law?
YES _______ 	NO _______
61. 	Do you have any opinions or beliefs concerning the criminal justice system that
would affect your ability to be a fair and impartial juror?
YES _______ 	NO _______
62. 	The witnesses in this case may include law enforcement officers. Would you be
any more or less likely to believe a witness because he or she is a member of law
enforcement, such as the Federal Bureau of Investigation, Homeland Security or Customs
and Border Patrol?
YES _______ 	NO _______
63. 	There may be evidence that is in a foreign language and an interpreter will be
used to translate this evidence into English. Even if you understand that language, you
must use the interpreter’s translation and not substitute your own. Will you have
difficulty relying on someone else’s translation and putting aside your own?
YES _______ 	NO _______
64. 	If you are selected as a juror, you will be instructed that this case can only be
decided on the basis of the evidence presented at the trial. This rule is essential to
providing a fair proceeding to both sides. Will you follow that instruction?
YES _______ 	NO _______
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65. 	This case may receive media attention. Will you be able to follow the Court’s
instruction that you are not to view or listen to any coverage of this case, including going
on the Internet and reading or viewing news websites, Facebook, Twitter, Instagram or
blogs that in any way mention this case, and/or listening to or watching any media
coverage on television or the radio regarding this case?
YES _______ 	NO _______
66. 	Will you be able to follow the Court’s instruction that you are not to discuss the
case with family or friends until the trial is over and your deliberations have concluded,
that you are not to discuss the case with fellow jurors until the time for deliberations, and
that the only information you are permitted to consider is what is presented in court?
YES _______ 	NO _______
67. 	Will you be able to follow the Court’s instruction that you are not to conduct your
own research or investigation concerning any aspect of the case, including anything
about the defendant, witnesses, attorneys, or the court, by using the Internet or any other
research medium?
YES _______ 	NO _______
68. 	If selected as a juror, the Court will instruct you that an indictment is only an
accusation, and in fact, it is not evidence of anything. Would you have a problem
following that instruction?
YES _______ 	NO _______
69. 	You will be instructed that although defendant has been indicted in this case, the
indictment is not evidence of guilt whatsoever and you may not consider the fact that he
has been indicted as bearing on his guilt or innocence. Would you be able to follow that
instruction?
YES _______ 	NO _______
70. 	You will be instructed that the defendant is presumed to be innocent of any and
all crimes throughout the course of this trial, unless and until the Government proves his
guilt beyond a reasonable doubt. Would you be able to follow that instruction?
YES _______ 	NO _______
71. 	You will be instructed that the burden of proving guilt rests entirely with the
Government and no defendant ever has any obligation to prove his innocence. Will you
be able to follow that instruction?
YES _______ 	NO _______
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72. 	You will be instructed that under the law, a defendant is never required to testify
or offer any evidence on his behalf, and that if a defendant chooses not to testify, the jury
is not permitted to consider that fact in any way in reaching a decision as to whether a
defendant is guilty or not guilty. Will you be able to follow that instruction?
YES _______ 	NO _______
Final Questions
73. 	Do you have any difficulty speaking, reading, or understanding English?
YES _______ 	NO _______
74. 	Do you have any problems with your hearing or vision which would prevent you
from giving your full attention to this trial?
YES _______ 	NO _______
75. 	Do you have any other health condition that may make it difficult for you to give
this trial your full attention?
YES _______ 	NO _______
76. 	If you answered yes to either of the previous two questions, please provide a brief
explanation:
_______________________________________________________________________
_______________________________________________________________________
77. 	The Court and the parties estimate that after a jury is selected, this case may last
about four weeks, until March 30, 2026, but may likely be shorter, with the Court sitting
Monday through Thursday. Jury service is one of our highest duties and privileges as
United States citizens, and mere inconvenience or the usual financial hardships of jury
service are insufficient to excuse a prospective juror. With that in mind, would serving
on this jury create any extraordinary difficulty or hardship for you?
YES _______ 	NO _______
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78. 	If you answered yes, please briefly explain the nature of the hardship.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
79. 	Are you aware of any other reason that you cannot render a fair and impartial
verdict in this case, without sympathy or prejudice?
YES _______ 	NO _______
80. 	If you answered yes, please briefly explain.
______________________________________________________________________
_____________________________________________________________________
81. 	Please turn to Attachment A at the end of this packet, and circle the name of any
person or place that you know or to which you have a connection. If you circled any
name or place, please explain why.
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ATTACHMENT A
Asif Merchant
Attorney Avraham Moskowitz
Attorney Christopher Neff
Attorney Joshua J. Lax
Paralegal Emily Chen
Assistant United States Attorney Sara K. Winik
Assistant United States Attorney Nina Gupta
Assistant United States Attorney Gilbert Rein
Paralegal Specialist Magdalena St. Surin
FBI Special Agent Matthew Capobianco
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Islamic Revolutionary Guard Corps
Turkish Airlines
Hawala / Hawaladar
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