Asif Merchant wants EDNY to provide all the spying the FBI did targeting him — or at least the spying that they say matches the calls he made while they were surveilling him.
As you’ll recall, Merchant is the Pakistani guy that EDNY arrested in July 2024 for allegedly soliciting someone to kill political targets, possibly including Donald Trump. Since then, Merchant has been sitting in prison, under communication restrictions, awaiting trial, which is currently scheduled for February 23, 2026. On October 2, 2024, DOJ informed Merchant they used FISA to find him. Just over a year ago, on December 20, 2024, DOJ kicked off the Classified Information Procedures Act (CIPA) process. It filed a CIPA Section 4 motion (where the government asks to withhold certain materials that aren’t relevant or helpful to the defense) on July 11, and met with Judge Eric Komitee about it on August 11, after which point Komitee ordered the government to provide the materials they had discussed with the Court Information Security Officer.
In a letter asking the judge to intervene in a discovery dispute, Merchant’s lawyers reveal that the initial story DOJ told — that the guy Merchant asked to help him find a hit squad simply went to the FBI which is where the FBI first learned of the plot — is inaccurate. In fact, Merchant was under FISA surveillance even before he arrived in the United States in April 2024 and he was closely surveilled the entire time he was in the US.
Discovery has revealed that Asif was under investigation before he arrived in the United States, and he was under surveillance from the moment he arrived in this country. In addition, Asif was the subject of electronic surveillance under the Foreign Intelligence Surveillance Act (“FISA”). (See Notice of Intent to Use ForeignIntelligence Surveillance Act, Docket Entry No. 20). As a result, the government is in possession of his communications which it obtained through this electronic surveillance. In addition, Asif was also under surveillance by teams of agents. The government produced reports from these surveillance teams, which indicate that Asif was constantly speaking on his phone. In addition, Asif was also under surveillance by teams of agents. The government produced reports from these surveillance teams, which indicate that Asif was constantly speaking on his phone. The government also set-up a hidden camera in a hotel room where he stayed for a number of days, which also indicates that Asif made a number of calls on his cellphone (though the calls can be difficult to hear). Both the surveillance reports and the hidden camera cover only a portion of the time between Asif’s entry into the United States and his arrest.
On November 8, 2024, the government produced five recordings of Asif’s intercepted telephone calls. On October 28, 2025,1 Defendant received sixty-four additional audio-recordings of Asif’s telephone calls from the government. These sixty-nine recordings, however, do not match up with the phone calls noted in the surveillance reports. Moreover, given the frequency with which Asif used his phone while under surveillance and while his phone was subject to monitoring (as can be observed on the surveillance videos produced by the government, for example), the government is likely in possession of many additional recordings that have not been produced. In addition to the sixty-four recordings, the October 21, 2025, production included a number of FBI reports that were redacted.
1 The government’s cover-letter is dated October 21, 2025. (See Docket Entry No.60).
Among the many concerns Merchant’s lawyers raised was why they didn’t get this discovery until October 28 (with a letter dated October 21).
During the November 25, 2025, meet and confer, the Defense (1) expressed concerns about the timing of the October 28, 2025, production and asked why the government had not produced the recordings at an earlier date, since they appear to have been in the government’s possession throughout the pendency of this case;
But his attorneys are also asking for all the intercepts of Merchant, particularly those that match with the surveillance of him.
Both the surveillance reports and the camera recording indicate that he used his cellphone constantly. The recordings produced by the government, however, do not match the communications which occurred during the surveillance. In other words, many more recordings of Asif should exist that correspond to telephone calls noted in the reports or indicated by the footage. Second, the additional recordings are material. Asif is accused of coordinating anti-American activity and assassinations on behalf of a foreign government over the course of the approximately three months he was in the United States. The content of the recordings is relevant to show his actual activity during that time period, and the government’s refusal to produce the recordings implies that these communications do not constitute evidence of the alleged plot. On the other hand, the additional recordings would show him engaging in activity and discussing matters unrelated to the allegations in this case.
Probably, these problems simply reflect a delayed CIPA decision that they had to share the intercepts and incompetence, possibly arising from the competence drain under Trump.
But the revelation that the FBI was watching Merchant when he arrive in April 2024 is interesting for a slew of reasons, which I’ll return to.