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United States v. Osama Awadallah

United States Court of Appeals for the Second Circuit
349 F.3d 42 (2d Cir.2003), cert. denied, Awadallah v. United States, 543 U.S. 1056 (2005)


Osama Awadallah (defendant) came under the scrutiny of the Federal Bureau of Investigation (FBI) during the investigation of the September 11, 2001 terrorist attacks. After multiple interrogations and searches, FBI agents arrested and detained Awadallah as a material witness. Awadallah was detained for 20 days before being brought to a grand jury for questioning. Five days later Awadallah was brought back before the grand jury, where Awadallah admitted to lying during his previous appearance. Awadallah was charged with making false statements, and the district court granted bail. Awadallah later moved to dismiss the charges. The district court dismissed on the grounds that the federal material witness statute did not apply to grand jury witnesses and further held that the false statements were inadmissible as fruit of an invalid arrest.

Rule of Law


Holding and Reasoning (Jacobs, J.)

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