Judge Calls September 11 Witness Detention Unconstitutional

In a ruling yesterday that could have significant impact on the detention of foreign nationals and others in connection with the post-September 11 investigations, US District Judge Shira Scheindlin threw out perjury charges against Osama Awadallah, 21, a college student in El Cajon, Calif., who was charged with lying about knowing two of the Sept. 11 hijackers and detained for almost three months in connection with a grand jury investigation. The judge’s ruling could complicate the broad reading of the material witness statute that has been used by the Justice Department, which the judge said had already "led to serious abuses." This ruling could have far-reaching implications for anti-terrorism efforts since dozens of people have been jailed under similar circumstances since the Sept. 11 attacks. The Justice Department was swift to decry the ruling and point out that other judges have authorized the Department’s use of material witness warrants to detain potential witnesses and others. The impact of this decision on other cases pending remains to be seen, as the US attorney involved in the case has said that the Justice Department will look at its appeal options.