"We have agreed with the prosecutor to wave that period so that we have time to examine the evidence and find out what the case is about," Fai's attorney Nina J Ginsberg told reporters after the District court in Alexandria ordered his release from the prison and put him under house arrest.
"Nothing will happen in the next month or two. We will have this time looking at the evidence and trying to determine really what the case is about," Ginsberg said.
Head of the Kashmiri American Council, 62-year-old Fai was arrested on a complaint charging him with failing to register as a foreign agent in violation of the law here.
He made his initial appearance on July 19 and was temporarily detained. On July 25, Fai waived his right to a preliminary hearing.
The Speedy Trial Act requires the government to bring an indictment within 30 days of Fai being arrested. The indictment deadline in this matter is August 18.
Both the defendant and prosecutors jointly agreed on an additional 35 days for an extension of the time to indict.
"Extending this time period for 35 days would be in the best interests of justice in that it would facilitate the parties' ability to resolve discovery issues that are particular to cases such as this one, involving evidence information obtained and derived from electronic surveillance and physical search conducted pursuant to the Foreign Intelligence Surveillance Act," said the US attorney Gordon D Kromberg.