The U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments yesterday in United States v. Abou-Khatwa, an insurance fraud case. While most of the argument focused on D.C. insurance broker Tarek Abou-Khatwa’s appeal of his 2019 conviction, toward the end Judge Patricia Millett brought up an aspect of the case that troubled her: When FBI agents served a search warrant at Abou-Khatwa’s home in Kalorama Heights, a swanky D.C. neighborhood “favored by diplomats and power brokers,” there was no answer at the door. But instead of breaching the front door, the agents went around the back to preserve “the aesthetics” of an “affluent neighborhood.”
While that issue was not part of Abou-Khatwa’s appeal, Millett said, “I found this deeply disturbing.” When it became clear that a forced entry was necessary, an FBI agent testified, “the decision was made, since it was an affluent neighborhood,” to do it inconspicuously. “Due to the aesthetics of the neighborhood,” he said, “we decided to use a rear entrance so as to maintain the integrity of the front of the residence.”
Addressing Justice Department attorney Finnuala Tessier, Millett asked, “Are you aware that the FBI has a policy of deciding not to break down the front doors in rich neighbo