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1
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AMICUS BRIEF
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EXTRACTED KEY WORDS
DISTRICT COURT UNITED STATES CIVIL LIBERTIES DETENTION YORK DEPOSITION WITNESS GRAND JURY TESTIMONY MATERIAL WITNESS GOVERNMENT CONSTITUTION WITNESSES AMICI CURIAE CIVIL LIBERTIES UNION AMERICAN CIVIL GRAND JURY PROCEEDINGS ADDINGTON CRIMINAL PROCEDURE JUDICIAL OFFICER PROCESS CLAUSE APPEARANCE DEFENDANT RESTRICTIVE ALTERNATIVES REASONABLENESS FEDERAL RULES AMENDMENT EUFRACIO-TORRES AGUILAR-AYALA |
02-1269
UNITED STATES COURT OF APPEALS
SECOND CIRCUIT
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UNITED STATES OF AMERICA,
Appellant,
-against-
OSAMA AWADALLAH,
Defendant-Appellee.
------------------------------------------------------------------------
______________________________________________________________
On Appeal From The United States District Court For The Southern District Of New York
______________________________________________________________
BRIEF SUBMITTED BY THE AMERICAN CIVIL LIBERTIES UNION AND
NEW YORK CIVIL LIBERTIES UNION AS AMICI CURIAE
IN SUPPORT OF DEFENDANT-APPELLEE
Steven R. Shapiro (SS-9900) Arthur N. Eisenberg (AE-2012)
Lucas Guttentag (LG-0329) Laura W. Guthrie
Robin L. Goldfaden NEW YORK CIVIL LIBERTIES UNION
AMERICAN CIVIL LIBERTIES UNION FOUNDATION
FOUNDATION 125 Broad Street, 17th Floor
125 Broad Street, 17th Floor New York, New York 10004
New York, New York 10004 (212) 344-3005
(212) 549-2500
Jethro M. Eisenstein (JM-6848)
Profeta & Eisenstein
14 Wall Street, 22nd Floor
New York, New York 10005-2101
(212) 577-6500
Counsel for Amici Curiae
Dated: New York, New York
November 22, 2002
TABLE OF CONTENTS
Page
TABLE OF AUTHORITIES. . . . . . . . . . . . . . . . ii
INTRODUCTION AND INTEREST OF AMICI CURIAE. . . . . 1
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2
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COMPLAINT
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EXTRACTED KEY WORDS
SWORN AWADALLAH GRAND JURY SOUTHERN DISTRICT YORK THOMAS ROSATO DULY SWORN DEPOSES NAMED KHALID UNITED STATE8 FOREGOING CHARGEST PARE FACTS CREWS TARGETS MIHDHAR OSAMR AWADALLAH TRANSCRIPTS IOTH REMIND INFORMAT ION CRIMEA PHOTOGRAPHS XHALID AWUXILLAH CAAC JUDGE |
M
:
Approved: ROBIti L. BAaR
Assistant United Statas Attorney
Before: HONORABLE GABRI$L W. GORENSTEIN
United States Magistrate Judge
southern District of New
UNITED STATES OF AMERICA, COMPLAINT
- v - : Violation oi
18 U.S.C. 9
OSAMA AWADALLAX, : COUNTY OF OFFENSE:
Defendant. : NEW YORK
SOUTHERN DISTRICT OF NE'W 'YORK, sa.:
THOMAS D. ROSATO, JR., being duly sworn, deposes and
says that he is a Special Agent with the Federal Bureau of
Investigatioh (IIPBI1'), and charges as follows:
COUNT ONE
1. On *or ahut Oktober LO, 2001, in the Southern
District of New York, OSAMA AWADALLELH, the defendant,
in a proceeding before a grand jury of the united
knowingly made a false material declaration, to wit, he
he did not know anyone named Khalid.
(Title 18, United States Code, Section 1623(a).)
COUNT TWQ
2. On. or about October 10, 2001, in the Southern
District of New York, OSAMA AWADaLLAH, the defendant,
in a proceeding before a'grand jury of the United states
knowingly made a false material declaration, to wit,, he
he did not write certain words, including the names Nawaf
Khalid, in his exam booklet for one of his college
(Title 18, United State8 Code,' Section 1623 (a).)
The bases for my knowledge and for the foregoing
chargest are, in pare, as follows:
1. I am a. Special Agent with the FBI, currently
assigned to the Joint Terrorist Task Force, and I have been
personally involved in the investigation of this matter.
affidavit is based upon my conversations with other law
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3
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INDICTMENT
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EXTRACTED KEY WORDS
UNITED STATES YORK BOMBING SAYING NAWAF UNITED STATES DISTRICT STATES DISTRICT COURT SOUTHERN JJISTRICT GRAND CHARGES LEVY WAR UNITED STATES CODE DEFENDANT PERSONA SAN DIEGO AREA INDICTMENT WRITING CXAMINALION BOOKLET YAU FLQUIETEST QUIETEST KHALI YEA IEXT SENTENCE BENTENCE U-D CHE WORD DRAW ARRAW |
. . i
;' #UNITED STATES DISTRICT COURT
SOUTHERN JJISTRICT OF NEW YORK
---m---"-L------
UNITED STATES OF WKICA :
-vm -
mAMA AW?!JxIJLAH,
Defendant.
F--I-----------L &RIM. 1826
C0lmr.s ONE AND TWO
The Grand Jxn?y charges:
Backsqynd
1. Within ddya after September 11, 2001,
State8 Attorney's Office for the Southern District
and the Federal Bureau of Investigation,
other federal, state, and local agencies,
grand jury investigation into the series of terrorist
were carried out, apparently in coordinated
Septembet 11, 2001. The attacks involved,
the hijacking of four commercial airlliners.
the twin towers of the World Trade Center in New York, New York,
killing thousands of people and destroying
several nearby buildings, A third airliner
Pentagon in Arlington, Virginia, killing over
in the Pentagon and everyone on the flight.
crash landed in Somerset County, Pennsylvania,
on board.
2. The grand jury investfgation included,
things, the issuance of material witneea warrants and
subpoenas ca.l;Ling for witnesses to testify and to produce
documents before a grand jury sitting in the Southern District
New York.
3, By early October 2001, the grand jury was
investigating, among other things, indications that:
(a) groupa of terrori&, some members of which
were competent to fly aircraft, seized control of the
from the assigned crews and flew the planee toward their
as part of an attempt 'cc levy war against the United States;
(b) Nawaf Al-Hazmi and Khalid Al-Mihdhar
of the hijackers on the flight `(American Airlinea
which had departed Dulles Airport in Washington. D.c.,
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