n August of 2011 Judge O'Toole denied motions by Tarek's lawyer to see evidence used in obtaining FISA warrants to monitor Tarek's electronic communications. He has allowed the government to assert "state secrets" immunity from disclosing evidence. In the same hearing he also ruled that the government was not required to disclose as "exculpatory evidence" information concerning an attempt by a covert informant working with the NYPD's Joint Terrorism Task Force to entrap Tarek into carrying out an illegal action and Tarek's direct refusal to be involved.