National Security Criminal Defense Center (NSCDC)
The Issue
In 2024, MLFA received a historic court ruling in the case of Khan v. United States. It is the first time the FBI has been held liable for the malicious prosecution of an American Muslim in a terrorism case.
Irfan Khan was arrested and indicted for Material Support of Terrorism in May of 2011. He spent more than 317 days in solitary confinement while his wife and children were sleeping on floors as they were forced out of their apartment due to the false allegations of terrorism against Mr. Khan. After almost 11 months in custody, the government released Mr. Khan and dropped the charges – with no explanation or apology.
Over a four-week trial, MLFA supported and participated with Morgan & Morgan’s trial lawyers to demonstrate the government’s liability. Chief Judge Altonaga found that the government lacked probable cause in all stages of the prosecution of Mr. Khan and that the actions of the F.B.I. agents constituted legal malice. This is the first time, in more than 20 years since 9/11, that the government has been held civilly liable for their actions in prosecuting American Muslims.
These cases are incredibly important because they send a strong message to the United States’s government that they can no longer “shoot first and ask questions later” when it comes to the accusations of terrorism related to American Muslims. MLFA continues to challenge the malicious prosecution of American Muslims.