Case 1:22-cr-00359-DLC Document 37 Filed 02/17/23 Page 1 of 5
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`VIA ECF
`Hon. Denise Cote
`United States District Judge
`Federal District Court for the Southern District of New York
`500 Pearl Street
`New York, NY
`10007-1312
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`February 13, 2023
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`Re: Defense Sentencing Submission in United States v. Saadah Masoud, 22-cr-000359
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`Dear Judge Cote,
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`We write to formally request that you impose a sentence of six months’ incarceration and
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`three years of supervised release on Mr. Masoud at his upcoming sentencing on March 3, 2023.
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`Mr. Masoud’s agreed-upon Guidelines Range is eighteen to twenty-four months. Chief
`U.S. Probation Officer Jonathan Sparks has recommended the minimum of that range — eighteen
`months. It is our understanding that the Government does not intend to argue for a sentence outside
`the Guidelines Range.
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` A
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` sentence of six months imprisonment with three years of supervised release, however, is
`sufficient to, but not greater than, a sentence necessary to comply with 18 U.S.C. Sec. 3553(a)(2).
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`Nature and Circumstances of the Offense and History and Characteristics of the Defendant
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`The use of violence to promote social and political goals in a democratic society is never
`acceptable. Not before January 6, 2021, and certainly not since. No matter how deeply Mr. Masoud
`feels about the occupation of Palestine, that fight cannot be permitted to take place on the streets
`of New York. Period.
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`There are, however, several circumstances regarding the offense conduct that warrant
`closer examination and belie the Government’s narrative that Mr. Masoud is fueled singularly by
`antisemitic hate.
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`As a preliminary matter, all three victims were known only to Mr. Masoud as outspoken
`advocates for the State of Israel. His conduct toward them would have been the same, no matter
`the religious faith to which they belonged. Indeed, in terms of numbers alone, there are more
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`Case 1:22-cr-00359-DLC Document 37 Filed 02/17/23 Page 2 of 5
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`Evangelical Christians in the United States who identify with the State of Israel than Jews. See
`http://bit.ly/3xqYWLG. Video of the April 20, 2022, demonstration reveals dozens of members of
`the Satmar religious group marching with, and being welcomed by, Mr. Masoud and his
`colleagues. The Satmars are one of the two main branches of Hassidic Judaism, and they stand in
`fierce opposition to the existence of the State of Israel.
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`With respect to the assault on Matthew Greenberg, it occurred on April 20, 2022, at the
`peak of clashes between Palestinian and Israeli Defense Forces in the Al-Aqsa Compound of
`Jerusalem. Mr. Masoud attended a pro-Palestine rally and march in Manhattan. Mr. Greenberg
`attended, wearing a giant Israeli flag like a cape, and proceeded to heckle the demonstrators. He
`came armed with a crutch (which video showed he did not need for any legitimate purpose). He
`acted as a provocateur. His behavior can only be described in ideological terms; it is not a Jewish
`practice, cultural or religious, to wear the Israeli flag, nor is it an accident that the symbol was
`placed in direct view of thousands of pro-Palestine demonstrators, during a period of intense
`conflict in Israel/Palestine. Usually, the NYPD separates mutually-antagonistic demonstrations
`from each other—precisely to prevent provocation and escalation. But Mr. Greenberg did not
`apply for a march permit and his one-man-show flew under the police radar.
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`Without question, Mr. Masoud punched Mr. Greenberg, without being physically
`provoked. And without question, this was a wrongful, criminal assault that could have been, and
`indeed should have been, prosecuted by local authorities. But Mr. Masoud had no knowledge of
`Mr. Greenberg’s religious or ethnic identity; to Mr. Masoud, he was a pro-Israel counter-protestor,
`seeking to disrespect the pro-Palestine message. PSR at ¶22(b).
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`The second victim is a public figure named Harold “Heshy” Tischler, a pro-Israel, Pro-
`Trump, anti-masking spewer of hate who has achieved a degree of notoriety for calling then-Mayor
`DeBlasio’s wife Charlene McCray a “whore” and a “retard woman,” and encouraging a mob to
`attack a reporter with whom Mr. Tischler had disagreed about Covid-19 restrictions. Mr. Tischler
`ultimately pleaded guilty to inciting a riot and received a non-carceral sentence. He was also a
`fierce critic of the Black Lives Matter protests that took place in the aftermath of George Floyd’s
`murder.
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`Mr. Masoud admits that he was driving by Mr. Tischler’s house when he saw him outside;
`that the two exchanged words; that Mr. Masoud slapped the phone Mr. Tischler was using to record
`him out of his hands. PSR at ¶ 22(a). Mr. Tischler’s statement to the press in the immediate
`aftermath tracks these admissions entirely. Further, Mr. Tischler himself identified an individual
`other than Mr. Masoud as the individual who hit him and identified Mr. Masoud as someone known
`to him from a George Floyd memorial service led by Black Lives Matter. See http://bit.ly/40Pt29d.
`Mr. Tischler called Mr. Masoud “a terrorist” for “coming to his neighborhood” but said nothing
`about Mr. Masoud’s culpability other than making a threat. Id. Mr. Masoud independently
`corroborated his prior relationship with Mr. Tischler at his pre-Sentence interview. PSR at ¶ 24 (“I
`had encountered him and argued with him previously at a Black Lives Matter protest where he
`appeared as a counter-protestor). Mr. Masoud’s actions with respect to Mr. Tischler cannot be
`reduced to a caricature of anti-Semitism, but instead, are the result of a prior, fraught relationship,
`over multiple issues that both parties consider deeply personal.
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`Case 1:22-cr-00359-DLC Document 37 Filed 02/17/23 Page 3 of 5
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`Finally, the third incident took place several blocks from a highly confrontational clash
`between pro-Palestine and pro-Israel demonstrators in Times Square. See http://bit.ly/3lBztMN.
`Mr. Masoud takes responsibility for the fact that he approached and struck someone who had been
`present at the pro-Israel rally and without provocation. PSR at 11. Video footage of the incident
`shows Victim-3 carrying an Israeli flag in one hand, returning from the demonstration.
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`Mr. Masoud’s conduct cannot be reduced to anti-Semitism. Nor can it be reduced only to
`opposition to the State of Israel. Mr. Masoud was clear in his Pre-Sentence interview that the
`aggression he showed towards these three individuals was triggered by the death of his father and
`cousin, a recent break-up, and constant confrontation with counter-protestors at demonstrations.
`PSR at ¶ 23. He is clear that “anything could have made [him] snap because [he] was just so angry
`at everything”; that he should have taken a break from protesting because he was “not in the right
`state of mind.” Id. Every single one of his letters of support echoes the role that timing played in
`his escalating aggression. The fact that he has no prior convictions, has worked his entire adult
`life, and has earned his Associate’s Degree and was working towards his Bachelor’s at the time of
`the instant offenses, offers further corroboration for the notion that his criminal behavior was
`highly aberrant, and extremely context-dependent.
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`Mr. Masoud has taken the break he now knows he needed, from the time of his arrest on
`these charges. His pretrial status and his present incarceration have given him the opportunity to
`seriously reflect on his wrongful conduct. He understands that all three incidents stemmed from
`his own undisciplined reaction to simultaneous moments of acute conflict in Israel/Palestine and
`acute trauma in his life (the death of his father and cousin). Exhibit A, Mr. Masoud’s Letter to the
`Court. He has expressed not only tremendous remorse and a desire to apologize to the victims, but
`has re-committed himself to his faith such that he never makes the same mistake again. Id.
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`He attaches a large number of letters of support at Exhibit B. Each emphasizes the same
`key themes: Mr. Masoud’s commitment to helping others, through volunteering and raising money
`and awareness, and the simultaneous struggles he has faced overcoming domestic violence, the
`death of his father, the death of his cousin, and growing up visibly Arab and Muslim in a post-911
`NYC. All recognize that he has erred; none make excuses for his behavior. They do however,
`understand its root causes, and see Mr. Masoud making an active effort to address them.
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`Jumana Khatib, a close family friend, describes Mr. Masoud as putting those he loves
`first, largely as a function of his difficult childhood.
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`Mahmoud Ahmed, a close friend and entrepreneur, describes the likelihood that Mr.
`Masoud’s grief — after the loss of his father and cousin — played a huge role in his
`actions during the protests in 2021.
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`Ahmed Hussein, a Sargent in the United States Army, FDNY firefighter, and former
`MOS of the NYPD, describes Mr. Masoud as someone like himself — committed to
`helping others, and being of service wherever possible.
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`Rushdy Hauter, LCMSW, describes Mr. Masoud’s kind heart, despite the struggles he
`endured growing up.
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`Case 1:22-cr-00359-DLC Document 37 Filed 02/17/23 Page 4 of 5
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`Reem Hassan, Mr. Masoud’s sister-in-law describes Mr. Masoud going above and beyond
`for others, known and unknown, by volunteering and raising money in the community, all
`despite the loss of his father in 2021.
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`Mr. Masoud’s mother, Fadwa Jaber with whom he hopes to reside upon his release,
`describes Mr. Masoud’s life as being defined by being both a victim of, and witness to,
`domestic violence, at the hands of both his father, and her second husband.
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`Fade Masoud, Mr. Masoud’s brother, describes Mr. Masoud’s moving attempt, at the end
`of his father’s life, to reunite his father with all of his children, so that he would not die
`with regret. He describes Mr. Masoud’s regret for the offense conduct.
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`Fatma Elhousseini, Mr. Masoud’s sister, goes to great pains to describe Mr. Masoud as
`someone who puts the suffering of those around him before his own, no matter its
`magnitude. She recognizes that repressed trauma bubbled over, causing him to commit
`the instant offenses. Her description of Mr. Masoud as technically her half-brother, but
`someone who never treated her as anything other than a full sibling, is itself, telling.
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`Nour Elhousseini, Mr. Masoud’s sister, describes Mr. Masoud’s constant presence in her
`life; his struggles after losing his cousin and his father; her desire to have him attend her
`high school graduation, as he has so many of her milestones.
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`Applicable 18 U.S.C. 3553(a)(2)-(7) Factors
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`The proposed sentence is more than adequate to deter the defendant from engaging in other
`criminal acts in the future, and to protect the public. The defendant has never before been
`incarcerated. A full six months of imprisonment is certainly more than a taste of what awaits him
`should he recidivate. Indeed, a similar type of sentence is routinely employed in the State court
`system with first felony offenders deemed unsuitable from probation.1
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`Six months’ imprisonment will importantly avoid creating large sentencing disparities
`between that imposed in the case against Mr. Masoud, and that imposed in similar state
`prosecutions currently pending. Waseem Awadeh, for example, facing charges stemming from the
`same Times Square May 20, 2021 incident described above, supra, is expected to be sentenced to
`six months’ imprisonment. See https://bit.ly/40YfsAC. Defense counsel is informed by Mark
`Kleiman, that criminal charges stemming from an incident where pro-Palestine supporters
`allegedly threw glass bottles at several pro-Israel individuals who were eating outdoors at a
`restaurant are currently expected to reach a non-custodial disposition. See http://bit.ly/3K50nqC.
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`1 State sentences of six months incarceration and five-years’ supervised release, a so called “split sentence,”
`are common and likely to be the most severe punishment Mr. Masoud would face had State authorities
`chosen to prosecute him. It is worth noting that a six-month sentence is deemed “city time” and the
`defendant serves only four months. By contrast, as this Court is no doubt aware, there is no “good time”
`reduction at all for a six-month federal sentence.
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`Case 1:22-cr-00359-DLC Document 37 Filed 02/17/23 Page 5 of 5
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`The offense conduct herein is serious, but neither of the assault victims were seriously
`injured. That is, under New York law, both offenses would qualify for “physical injury,” rather
`than “serious physical injury.” Mr. Masoud did not employ any weapon.
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`Ultimately, Mr. Masoud has learned his lesson; despite his serial failure to abide by the
`terms of his home confinement, he did not attend a single other pro-Palestine demonstration,
`though many took place during the period of his pre-trial proceedings. His participation in weekly
`counseling (which he never failed to attend) fulfilled 18 U.S.C. § 1353’s focus upon rehabilitation;
`not only did Mr. Masoud develop tremendous insight into why he acted with aggression towards
`the victims, but he recommitted himself to his faith, praying daily and attending Mosque weekly.
`He wishes to apologize; he sees the consequences of his actions; he pleaded guilty and appeared
`in court when remand was imminent. He does not defend his actions, nor do we intend to in this
`submission. We thus ask that you impose a sentence of six months’ imprisonment, and three years
`post release supervision.
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`Respectfully submitted,
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`_______/s/________________
`RHIDAYA S TRIVEDI
`RONALD L. KUBY
`Law Office of Ronald L. Kuby
`119 West 23rd Street Suite 900
`New York, NY 10011
`rhiyatrivedi@gmail.com
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`Dated: February 17, 2023
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